Madras High CourtWP(MD)/22200/2025disposed of

M.Vellaisamy v. The District Collector

2026-01-28Honourable Mr.Justice K. Surender6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER W.P.(MD)No.22200 of 2025 M.Vellaisamy ... Petitioner Vs

1. The District Collector, Thanjavur District Thanjavur.

2. The District Revenue Officer, (The Sub Collector), Thanjavur Collectrate, Thanjavur-613010.

3. The Revenue Divisional Officer, Revenue Divisional Office Thanjavur.

4. The Assistant Director of Survey, Survey and Settlement Office District Collectorate Thanjavur..

5. The Tashildar, Orathanadu Taluk Office, Orathanadu, Thanjavur District..

6. The Taluk Head Surveyor, Taluk Office, Orathanadu Thanjavur District.

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7. The Inspector of Police,, Orathanadu Police Station Orathanadu, Thanjavur.

8. A. Ramakrishnan, S/o, Arumugam West Street, Okkanadu Melayur, Orathanadu Taluk, Thanjavur.

9. A.Rajakanna, S/o, Arumugam West Street, Okkanadu Melayur, Orathanadu Taluk, Thanjavur.

10. .Rajkumar, S/o, Arumugam West Street, Okkanadu Melayur, Orathanadu Taluk, Thanjavur.

11. P.Govindarasu, S/o, Pitchai West Street, Okkanadu Melayur, Orathanadu Taluk, Thanjavur.

12. P.Chinnaiyan, S/o, Pitchai West Street, Okkanadu Melayur, Orathanadu Taluk, Thanjavur.

13. P.Raman, S/o, Pitchai West Street, Okkanadu Melayur, Orathanadu Taluk, Thanjavur.

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14. P.Lakshmanan, S/o, Pitchai West Street, Okkanadu Melayur, Orathanadu Taluk, Thanjavur. ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Writ of Mandamus directing the 5th and 6th respondents to conduct survey on lands admeasuring 24 cents, comprised in Old Survey No.171B/14, New Survey No. 171B/14A, 171B/14B1 and 171B/14B2, with meat and bounds and mark the boundaries, based on the order passed by the 2nd respondent in Tha. Pa. 02/2018/F(2), dated 10.12.2022, with police protection within the time frame fixed by this Court.

For Petitioner :Mr.S.Gunasekaran For Respondents :Mr.P.Subbaraj for R1 to R6 Special Government Pleader S.Prakash for R7 Government Advocate (crl. Side) M/s.V.Sujatha for R8 No appearance for R9-R13

O R D E R

This writ petition has been filed seeking a direction to the 5th and 6th respondents to conduct survey on lands admeasuring 24 cents, comprised in Old Survey No.171B/14, New Survey No. 171B/14A, 171B/14B1 and 171B/14B2, with meat and bounds and mark the boundaries, based on the order passed by the 2nd respondent in Tha. Pa. 02/2018/F(2), dated 10.12.2022, with police protection. 3/6

2. Heard the learned counsel for the petitioner, learned Special Government Pleader for the respondents 1 to 6, learned Government Advocate appearing for the 7th respondent and the learned counsel for the 8th respondent.

3. The learned counsel for the petitioner would submit that the representation made way back in the year 2022 was not acted upon.

4. Learned counsel for the 8th respondent would submit that with regard to the dispute, civil suits are pending before the civil Court in OS No.3/2019 (for recovery of possession) and OS No.199/2025 (for declaration).

5. In the event of there being rival claim, any action by the respondents in the present writ petition for survey shall be subject to the outcome of the civil suits. Further, it is also informed that a petition is already filed for appointing an Advocate Commissioner to conduct survey. Since the representation is already made, all the above aspects shall be considered while considering the representation dated 17.12.2024 by the competent respondent.

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6. The writ petition stands disposed of with the above direction. There shall be no order as to costs.

(K.SURENDER, J) 28.01.2026 NCC :Yes/No Index :Yes/No RR To