A.Ganesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09-03-2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY WP(MD) NO. 6210 of 2026 A.Ganesan Petitioner(s) Vs

1. The District Collector Pudukkottai District Pudukkottai

2. The Tahsildar Tahsildar Office Karambakudi Taluk Pudukkottai District.

3. The Inspector of Police Karambakudi Police Station Pudukkottai District.

4. Rengasamy Respondent(s) For Petitioner(s): Mr.A.Jayaramachandran For Respondent(s): Mr.A.Oliraja, Government Advocate for R1 and R2 M/s.M.Aasha, Government Advocate (Crl.side) for R3 Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of MANDAMUS directing the 2nd Respondent to survey and fix the boundaries of the petitioner's land comprised in Survey No.227/3 to an extent of 16 Cents on the Western side situated at Thennagar Village, Karambakudi Taluk, Pudukkottai District, with the adequate protection of the 3rd respondent after giving necessary notice to the adjacent land owners based on the representation dated 13.02.2026 within the stipulated time fixed by this Court.

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 2nd respondent to survey and fix the boundaries of the petitioner's land comprised in Survey No.227/3 to an extent of 16 cents on the Western side situated at Thennagar Village, Karambakudi Taluk, Pudukkottai District with the adequate protection of the 3rd respondent after giving necessary notice to the adjacent land owners based on the representation dated 13.02.2026 within the stipulated time fixed by this Court.

2.Originally, the petitioner's family was entitled to 88 cents in Survey No.227/3. When the petitioner and the family members claimed right over the property, a dispute arose between the petitioner and the 4th respondent. Hence, O.S.No.188 of 2013 was filed on the file of District Munsif Court, Pudukkottai, seeking relief of permanent injunction. In the said suit, it was held that 72 cents was already sold by the by the petitioner's father to the 4th respondent. The said litigation has attained finality. Now, the petitioner is entitled to 16 cents of land in the said survey number. Now, the petitioner is seeking to survey the said 16 cents but the same is being objected by the 4th respondent. When the suit had granted relief only for 72 cents alone, the 4th respondent cannot object for surveying the remaining 16 cents. 3.Therefore, the second respondent is directed to survey the property for the

remaining 16 cents alone and the earmark with boundary stone. The survey shall be carried out after issuing notice of petitioner and the 4th respondent. If the second respondent is seeking police protection to the third respondent, the same shall be granted. The Court is directing the official respondents to adhere to the following Standard Operating Procedures:

a.The official respondents shall issue notice to the petitioner immediately reaching the spot where survey is to be conducted. The petitioner shall affix the signature by receiving the notice of survey.

b.After survey again the petitioner shall affix signature indicating that the survey was conducted to their satisfaction.

c.If the petitioner is not satisfied, then also the petitioner shall affix signature indicating their dissatisfaction or with protest. The petitioner shall indicate that reason of their dissatisfaction or protest.

The aforesaid procedure shall be strictly followed by the parties. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

09-03-2026 To

1. The District Collector Pudukkottai District Pudukkottai

2. The Tahsildar Tahsildar Office Karambakudi taluk Pudukkottai District.

3. The Inspector of Police Karambakudi Police station Pudukkottai District.