Tamilselvan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER Tamilselvan ... Petitioner -vs1.The Tahsildar, 2.The Taluk Surveyor, 3.The Inspector of Police, Thathaiyangarpet Police Station, 4.The Inspector of Police, Musiri Town Police Station, 5.Kannan 6.Chandraneela 7.Gopinath @ Gopi ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to conduct survey and lay boundary stones to the petitioner's land bearing S.Nos.191/1C10B, 191/1C1B and 191/1D1B, totally measuring to an extent of 76 cents and situated at Thiruthalaiyur Village, Musiri Taluk, Trichy District, by considering the representation given by the petitioner dated 09.08.2025 For Petitioner : Mr.S.Selva Aditya For R1 and R2 : Mr.D.S.Nedunchezhian Government Advocate For R3 and R4 : Mr.S.Prakash Government Advocate (Criminal side) For R5 to R7 : Mr.A.Joel Paul Antony

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the second respondent to conduct a survey and lay boundary stones to the petitioner's land bearing Survey Nos.191/1C10B, 191/1C1B, and 191/1D1B, totally measuring an extent of 76 cents, situated at Thiruthalaiyur Village, Musiri Taluk, Trichy District, by considering the representation submitted by the petitioner dated 09.08.2025.

2. According to the petitioner, a survey was already conducted and boundary stones were laid. However, the fifth respondent, with the help of his relatives, removed the boundary stones, thereby, creating problems. A criminal complaint was also lodged with the Police alleging trespass and removal of the boundary stones that were laid after conducting the survey. Since the boundary stones were removed, the petitioner filed another application by paying the requisite fee for conducting a fresh survey.

3. It is for the Police authorities to act upon the alleged criminal acts, including trespass. If the boundary stones fixed by the officials were removed, the same would constitute a criminal offence and has to be duly inquired into and investigated.

4. However, since there is no dispute with regard to the ownership of the land belonging to the petitioner and a Patta has already been issued, the prayer of the petitioner can be acceded to, considering the peculiar facts of the present case. Accordingly, there shall be a direction to the respondents 1 and 2 to conduct a survey and lay boundary stones after considering the claims of the petitioner as

well as the respondents 5 to 7, and pass orders in accordance with Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923, within a period of twelve weeks from the date of receipt of a copy of this order.

5. The Writ Petition stands disposed of with the above observations and direction. There shall be no order as to costs. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 15.12.2025 smn2 To:- 1.The Tahsildar, 2.The Taluk Surveyor, 3.The Inspector of Police, Thathaiyangarpet Police Station,

4.The Inspector of Police, Musiri Town Police Station,

K.SURENDER , J.

smn2 15.12.2025