Madras High CourtWP(MD)/18819/2025disposed of

Selva Poorani D v. The District Collector Of Tenkasi

2025-11-10Honourable Mr Justice Senthilkumar Ramamoorthy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.18819 of 2025 1.D.Selva Poorani

2. Murugan

...Petitioners

1. The District Collector of Tenkasi, Office of District Collector of Tenkasi District, Railnagar, Tenkasi District, Tamil Nadu - 627 811.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, RDO Office, SH 40 Tenkasi, Tamil Nadu - 627 811.

3. The Tahsildhar, The Office of the Tahsildhar of Tenkasi, Taluk Office, Kallurani Village, Tenkasi District.

4. The Head Surveyor, The Office of the Head Surveyor of Tenkasi District, Taluk Office, Kallurani Village, Tenkasi District.

5. The Superintendent of Police, The Office of the Superintendent of Police, Tenkasi District, Tamilnadu.

6. The Inspector of Police, Office of the Inspector of Police of Pavoorchathram, Kallurani Village, Pavoorchathram, Tenkasi, Tenkasi District, Tamilnadu.

7. Kannan

...Respondents

1/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1 to 3 respondents to forthwith process and conclude the proceedings relating to Application No. 2024/0123/34/003253 dated 20.09.2024, by determining the correct boundaries of the petitioners' property and to carry out necessary rectifications in the Field Measurement Book (FMB) accordingly, within a time frame to be stipulated by this Court.

For Petitioners : M/s.Sheena Palanivelu For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 to R4 Mr.S.Prakash Government Advocate(Crl.side) for R5 and R6 Mr.N.Vignesh for R7

ORDER

The petitioners assert title to land in S.No.235/1A2A of the extent of 9 cents under sale deed dated 02.12.2009. The 7th respondent asserts title to land in the same survey number of an extent of 6 cents under sale deed dated 15.03.2021. On the ground that the said lands were not surveyed and that the errors in the FMB sketch were not rectified, the present writ petition has been filed.

2/6

2. Learned counsel for the petitioner refers to the FMB at page 57 of the typed set of papers and points out that this document erroneously depicts the property in S.No.235/6 in the mid eastern corner as that of the 7th respondent. Inspite of issuing survey notice and undertaking a survey, learned counsel contends that the boundaries of the petitioner's property have not been demarcated and that the errors in the FMB have not been corrected.

3. On the contrary, learned counsel for the 7th respondent relies upon sale deed dated 31.05.2000 in favour of the 7th respondent's vendor and the subsequent sale deed in favour of the 7th respondent dated 15.03.2021. Therefore, he contends that there is no error in the FMB at page No.57 of the typed set of papers.

4. Learned Special Government Pleader submits that an enquiry would be conducted and that a speaking order will be issued by the Revenue Divisional Officer in relation to the petitioner's request for rectification of the FMB.

5. In the above circumstances, without expressing any opinion on the merits, this writ petition is disposed of on the following terms:- a) The Tashildar is directed to carry out a fresh survey of land in S.No. 235/1A so as to demarcate the properties of the petitioner and the 7th respondent 3/6

by fixing the boundaries of the respective properties. Such survey shall be undertaken after issuing notice to the petitioner, the 7th respondent and owners of relevant adjacent lands. Objections, if any, shall be taken into consideration. Upon conclusion of such survey, a copy of the survey report shall be provided both to the petitioner and to the 7th respondent. This process shall be concluded within two months from the date of receipt of a copy of this Order; and b)Within two months from the date of conclusion of such survey, the Revenue Divisional Officer shall pass a speaking order in respect of the petitioner's request for rectification of the FMB after providing a reasonable opportunity to the petitioner, the 7th respondent and any other person who would be affected by such order. No costs.

10.11.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 4/6