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Madras High CourtWP(MD)/18135/2026disposed of

R.Jeyganesh v. The Tahsildar

2026-06-29Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2026

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY R.Jeyganesh ... Petitioner Vs

1. The Tahsildar, Kodaikanal Taluk, Dindigul District.

2. The Surveyor, Kodaikanal Taluk, Dindigul District.

3. The Inspector of Police, Kodaikanal Police Station, Dindigul District.

4. Chellapandi

5. Chinnathurai ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to conduct survey in respect of the petitioner's lands comprised in Survey Nos.1017/3, 1017/5 and 1017/6 measuring a total extent of 3.60.00 hectares situated at Poombarai Village Panchayat, Kodaikanal Taluk, Dindigul District, in accordance with law and further direct the third respondent to provide adequate police protection at the time of survey by considering the petitioner's 1/6

representation dated 16.06.2026.

For Petitioner : Mr.K.Sankar For R-1 & R-2 : Mr.S.Siva Thilakar Counsel for State of Tamil Nadu For R-3 : Mr.J.Vishnu Government Advocate(criminal side)

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to conduct a survey in respect of the petitioner's lands comprised in Survey Nos.1017/3, 1017/5 and 1017/6, measuring a total extent of 3.60.00 hectares situated at Poombarai Village Panchayat, Kodaikanal Taluk, Dindigul District, in accordance with law and further direct the third respondent to provide adequate police protection at the time of conducting the survey by considering the petitioner's representation dated 16.06.2026.

2. The petitioner is claiming right over the property comprised in Survey Nos.1017/3, 1017/5 and 1017/6 measuring a total extent of 3.60.00 hectares. According to the petitioner, the petitioner's vendor was in possession and enjoyment of the said property and subsequently conveyed the same to the petitioner through a registered sale deed dated 23.05.2022 vide Document No. 1088 of 2022. Thereafter, the revenue records were mutated and Patta No.6716 2/6

was issued in the name of the petitioner. Based on the same, the petitioner is seeking to survey and demarcate the property. According to the petitioner, the respondents 4 and 5, who are the adjacent landowners are disputing the petitioner's boundary and they have encroached the petitioner's land by putting put up a shed and are residing therein. Hence, they are not permitting the petitioner to survey the property.

3. In view of the above, the first respondent is directed to consider the petitioner's online and conduct a survey of the subject property after issuing notice to the petitioner as well as respondents 4 and 5. However, it is made clear that under the guise of survey, the petitioner shall not evict the respondents 4 and 5, if they are in occupation of the property. The petitioner is directed to follow due process of law, and he shall not take the law into his own hands or create any law and order problem. If the first respondent requires police protection, the same shall be provided by the third respondent police. 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. 3/6

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

29.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

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1. The Tahsildar, Kodaikanal Taluk, Dindigul District.

2. The Surveyor, Kodaikanal Taluk, Dindigul District.

3. The Inspector of Police, Kodaikanal Police Station, Dindigul District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 29.06.2026 6/6