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Madras High CourtWP(MD)/22079/2023disposed of

Ganesan.A v. The District Collector

2025-12-16Honourable Mr.Justice K. Surender5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER W.P.(MD)No.22079 of 2023 Ganesan.A ... Petitioner Vs

1. The District Collector, District Collector Office,

2. The Tahsildar, Uthamapalayam Taluk, Theni District..

3. The Head Surveyor, Uthamapalayam Taluk, Theni District..

4. The Sub-Inspector of Police, Odaipatti Police Station, Odaipatti, Uthamapalayam Taluk,

5. Chinnathurai. V, S/o. Late Vellaichamy, Kaliammankovil Street, Odaipatti, Uthamapalayam Taluk,

6. Chandran. V, S/o. Late Vellaichamy, Kamatchipuram, Uthamapalayam Taluk, 1/5

7. Ayyanar. A, S/o. V. Ayyadurai, Kaliammankovil Street, Odaipatti, Uthamapalayam Taluk, ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to conduct the survey as per Tamilnadu Survey and Boundaries Act 1923 and to fix boundaries in respect of entire land comprised in survey number 618/2 situated at Seeppalakottai Village, Uthamapalayam Taluk, Theni District and direct the respondent No.4 to give adequate police protection while demarcation, by considering the writ petitioner application dated 22.08.2023 within a time stipulated by this Court.

For Petitioner :Mr.A.Gopal For Respondent :Mr.D.Sadiq Raja for R1 to R3 Additional Government Pleader Mr.S.Prakash for R4 Government Advocate (Crl. Side)

O R D E R

This writ petition has been filed seeking a direction to the respondents 1 to 3 to conduct the survey as per Tamilnadu Survey and Boundaries Act 1923 and to fix boundaries in respect of entire land comprised in survey number 618/2 situated at Seeppalakottai Village, Uthamapalayam Taluk, Theni District and direct the respondent No.4 to give adequate police protection while demarcation, by considering the 2/5

writ petitioner application dated 22.08.2023 within a time stipulated by this Court.

2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader and the learned Government Advocate appearing for the respondents. Since no adverse are going to be passed against the private respondents, notice is dispensed with.

3. The petitioner submitted an application along with necessary fees on 22.08.2023 to conduct survey and demarcate the properties in question. However, no action has been taken on the said application. Hence, the present writ petition has been filed.

4. Learned Government Advocate, appearing for the respondents, submits that after consideration of the claims of both the parties, proper steps would be taken to demarcate the land in accordance with Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act, 1923.

5. In view of the above, this Court directs the respondents 2 and 3 to consider the application of the petitioner dated 22.08.2023 and demarcate the land of the petitioner, after considering the claims of both 3/5

the parties and pass orders in accordance with Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act, 1923, within a period of eight weeks from the date of receipt of a copy of this order. If there are rival claims, the said issues can be agitated before the civil Court. Accordingly, the writ petition is disposed of. There shall be no order as to costs.

(K.SURENDER, J) 16.12.2025 NCC :Yes/No Index :Yes/No RR To

1. The District Collector, District Collector Office,

2. The Tahsildar, Uthamapalayam Taluk,

3. The Head Surveyor, Uthamapalayam Taluk,

4. The Sub-Inspector of Police, Odaipatti Police Station, Odaipatti, Uthamapalayam Taluk, 4/5

K.SURENDER, J.

RR W.P.(MD)No.22079 of 2023 16.12.2025 5/5