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Madras High CourtWP(MD)/34130/2025disposed of

S.Kanagavelammal v. The District Collector

2026-01-08Honourable Mr.Justice K. Surender6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER S.Kanagavelammal ... Petitioner -vs1.The District Collector, Collector Office, Thoothukudi, Thoothukudi District.

2.The Tasilhdar, Taluk Office, Kovilpatti Taluk, Thoothukudi District.

3.The Inspector of Police, Kovilpatti East Police Station, Kovilpatti Taluk, Thoothukudi District 4.Muniyasamy 5.Mahendran 6.Krishnasamy 7.Chinnasamy

8.Meenakchi 9.M.Vana Jothi 10.M.Mahesh Kumar 11.M.High Court Raja 12.M.Madhan ... Respondents [R9 to R12 are impleaded as per order dated 08.01.2026 in W.M.P.(MD)No.562 of 2026] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to survey the petitioner's property admeasuring 21 1/8 Cents, situated at Survey No.392/3B2, Iluppaiyurani Village, Kovilpatti Taluk, Thoothukudi District with Police protection from the third respondent, within stipulated period to be fixed by this Court.

For Petitioner : Mr.B.Rajesh Saravanan For R1 and R2 : Mr.R.Ragavendran Government Advocate For R3 : Mr.S.Prakash Government Advocate (Criminal side) For R9 to R12 : Mr.S.Anandhakumar

ORDER

This writ petition has been filed seeking issuance of a Writ of Mandamus,

directing the second respondent to survey the petitioner's property admeasuring 21 1/8 Cents, situated at Survey No.392/3B2, Iluppaiyurani Village, Kovilpatti Taluk, Thoothukudi District with Police protection from the third respondent, within stipulated period to be fixed by this Court.

2. Heard the learned counsel appearing for the parties.

3. The learned counsel appearing for the petitioner submits that the petitioner is the owner of the property in question and that a representation dated 18.03.2025 was made seeking survey and demarcation of the boundaries of the said property. Since no action has been taken by the second respondent, the present writ petition has been filed.

4. The learned counsel appearing for the respondents 9 to 12 submitted that the fourth respondent, namely Muniyasamy, the father of the respondents 9 to 12, died on 05.10.2022, and that the said Muniyasamy had purchased a portion of the subject property measuring 6.75 cents under a sale deed bearing Document No. 9781 of 2008 dated 24.10.2008. Therefore, it was contended that before conducting any survey, the respondents 9 to 12 ought to be put on notice.

5. The learned Government Advocate appearing for the respondents 1 and 2 submits that after issuing notice to the adjacent land owners, appropriate steps would be taken to survey and demarcate the land in accordance with Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923.

6. Recording the aforesaid submission, this writ petition stands disposed of with a direction to the second respondent to consider and dispose of the petitioner's representation dated 18.03.2025 for survey and demarcation on merits and in accordance with law. Notice shall be issued to the petitioner, the respondents 5 to 12 and the owners of adjacent lands and appropriate orders shall be passed in accordance with Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act 1923, within a period of eight weeks from the date of receipt of a copy of this order. In the event of any rival claims, the parties are at liberty to work out their remedies before the Civil Court. No costs. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 08.01.2026 smn2 (2/2)

To:- 1.The District Collector, Collector Office, Thoothukudi, Thoothukudi District.

2.The Tasilhdar, Taluk Office, Kovilpatti Taluk, Thoothukudi District.

3.The Inspector of Police, Kovilpatti East Police Station, Kovilpatti Taluk, Thoothukudi District

K.SURENDER , J.

smn2 08.01.2026 (2/2)