Madras High CourtWP(MD)/10150/2026disposed of

Praveen v. The District Collector

2026-04-10Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10-04-2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY WP(MD) NO. 10150 of 2026 and WMP(MD)No.7999 of 2026 S.M.Praveen Petitioner(s) Vs

1. The District Collector Dindigul District Dindigul.

2. The Assistant Commissioner HR and CE Department Near Rajeswari Hospital Dindigul - 624 601.

3. The Tahsildar Gujiliyamparai Dindigul District.

4. The Firka Surveyor Paalayam Circle Gujiliyamparai Taluk Dindigul District.

5. Samiraj

6. Sakthivel

7. Pugalendhi Respondent(s) For Petitioner(s): Mr.M.S.Suresh Kumar For Respondent(s): Mr.A.Oliraja, Government Advocate for R1 to R4

Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of CERTIORARIFIED MANDAMUS calling for the report of the fourth respondent dated 02.04.2026 and quash the same and consequently direct the fourth respondent to measure the petitioner's lands in S.No.1890/1A measuring 1 Acre and 7 1/2 cents in Paalayam Village, Gujjiliamparai Taluk, Dindigul District as per the Tamil Nadu Survey and Boundaries Act 1923 within a time frame as fixed by this Court.

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned report issued by the 4th respondent dated 02.04.2026 and consequently, to direct the 4th respondent to measure the petitioner's lands in S.No.1890/1A measuring 1 Acre and 7 1/2 cents in Paalayam Village, Gujjiliamparai Taluk, Dindigul District as per the Tamil Nadu Survey and Boundaries Act 1923 within a time frame as fixed by this Court. 2.The petitioner is claiming right over the well in Survey No.1890/1A. However, the 3rd respondent is claiming that the well belongs to HR and CE Department and the said temple land is under leasehold rights to third parties. Now, the petitioner is seeking to demarcate. Based on the petitioner's application, the official respondents have attempted to survey the property. However, some persons had indulged in quarrel. Therefore, the survey was dropped.

3.Through the impugned communication, it has been intimated that the survey has

been dropped. Now, the petitioner is seeking to quash the same. Since there is no necessity to quash the same, this Court is not quashing the impugned communication. The official respondents are directed to survey the property after issuing notice to the petitioner and respondents 3, 5, 6 and 7, thereafter, conduct survey. The Tahsildar is directed to seek police protection to the jurisdictional police and the jurisdictional police shall provide police protection. The official respondents shall adhere to the following Standard Operating Procedures:

• 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.

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

• 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.As far as the claim of water is concerned, the petitioner is directed to submit a separate application to the 3rd respondent, who in turn shall consider regarding watering the plants. The third respondent shall be generous enough in considering the same. Since the petitioner has already planted the several crops and the crops are drying without water, the third respondent shall consider for granting water within a period of four weeks from the date of receipt of a copy of this order. 5.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 10-04-2026 Note: Issue order copy on 15.04.2026.

1. The District Collector Dindigul District

Dindigul.

2. The Assistant Commissioner HR and CE Department Near Rajeswari Hospital Dindigul - 624 601.

3. The Tahsildar Gujiliyamparai Dindigul District.

4. The Firka Surveyor Paalayam Circle Gujiliyamparai Taluk Dindigul District.