Shakkthi, vs The District Collector
2026 Latest Caselaw 1641 Mad

Madras High Court

Shakkthi, vs The District Collector on 7 April, 2026

Author: Krishnan Ramasamy

Bench: Krishnan Ramasamy

                                                                       WP No. 36005 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 07-04-2026
                                                      CORAM
                        THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY
                                                WP No. 36005 of 2024

                Shakkthi,
                S/o. Palanisamy,
                Door No. 2/439, West Street,
                Kanakkampalayam Village,
                Tiruppur Taluk,Tiruppur.
                                                                       Petitioner(s)
                                                        Vs
                1. The District Collector
                Coimbatore District.
                2.The Thasildar,
                J.Krisnapuram Village, Sulur Taluk,
                Coimbatore District.
                3.The District Surveyor,
                J.Krishnapuram Village, Sulur Tlauk,
                Coimbatore District.
                4.The Inspector Of Police,
                Sulthanpettai Police Station,
                Coimbatore District.
                5. R.Saraswathy
                W/o.Raju
                Door No.3/120(1),
                J.Krishnapuram Sulur Taluk
                Coimbatore District.

                R5- impleaded as per order passed in
                WMP.No.11419 of 2026 dated 07.04.2026
                                                                       Respondent(s)




https://www.mhc.tn.gov.in/judis
                                                                           WP No. 36005 of 2024


                PRAYER
                       Writ Petition filed under Article 226 of the Constitution of India, praying
                to issue a Writ of Mandamus, Directing the 2nd and 3rd Respondent to take
                steps to measure and demarcate the property being all that piece and and parcel
                of land in J.Krishnapuram Village, Sulur Taluk, Coimbatore District comprised
                in Old S.No. 302/1 New S.No. 302/1C to an extent of 1.22 Acres to put the
                fencing the property with aid of 4th respondent within a time frame fixed by this
                Honble Court


                                  For Petitioner(s):   Mr.M.Selvam
                                  For Respondent(s):   Mr.T.K.Saravanan, AGP for R1 to 3
                                                       Dr.C.E.Pratap, GA for R4
                                                       Mr.R.T.Vishnu for R5


                                                         ORDER

This writ petition has been filed to direct the 2nd and 3rd respondent to take

steps to measure and demarcate the property being all that piece and and parcel

of land in J.Krishnapuram Village, Sulur Taluk, Coimbatore District comprised

in Old S.No. 302/1 New S.No. 302/1C to an extent of 1.22 Acres to put the

fencing the property with aid of 4th respondent.

2. The learned counsel for the petitioner would submit that in this case,

both the petitioner and the 5th respondent had already filed a suit for declaration

and permanent injunction and the same is pending. Under these circumstances,

the petitioner filed an application before the respondents to measure the subject

land and lay survey stones therein. According to the petitioner, the said process

will no way affect the interest of the private respondents. Hence, this petition.

https://www.mhc.tn.gov.in/judis

3. On the other hand, the learned counsel appearing for the private

respondents would submit that since the suit is already pending, the process of

measuring the property and laying survey stones therein will create unnecessary

issues. Further, he would suggest that if there is any necessity for measuring the

subject land, the petitioner shall approach the Civil Court, where the suit is

pending, and file an appropriate application. Hence, he prays for dismissal of

this petition.

4. Heard the learned counsel for the petitioner and the respondents and

also perused the entire materials available on record.

5. In the case on hand, both the petitioner and the 5th respondent had

already filed a suit for declaration and permanent injunction and the same is

pending. Under these circumstances, the petitioner filed an application before

the respondents to measure the subject land and lay survey stones therein.

6. There is no impediment for this Court to pass orders directing the

official respondents to survey the subject land. However, passing of such order

would definitely create a panic situation due to the pendency of suit between the

parties. In such case, it is clear that entertaining this petition is nothing but an

act of encouraging the dispute between the parties. Therefore, to avoid the

same, this Court is inclined to dismiss the present petition.

https://www.mhc.tn.gov.in/judis

7. As rightly contended by the private respondents, since the suit filed by

both the parties are pending before the Civil Court, now the right course

available to the petitioner is to approach the said Civil Court by way of filing an

application, to conduct survey at the subject property.

8. Therefore, this writ petition is dismissed. No cost. The liberty is

granted to the petitioner to approach the Civil Court for appropriate orders.

07-04-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To

1.The District Collector Coimbatore District.

2.The Thasildar, J.Krisnapuram Village, Sulur Taluk, Coimbatore District.

3.The District Surveyor, J.Krishnapuram Village, Sulur Tlauk, Coimbatore District.

4.The Inspector Of Police, Sulthanpettai Police Station, Coimbatore District.

https://www.mhc.tn.gov.in/judis

KRISHNAN RAMASAMY J.

nsa

07-04-2026

https://www.mhc.tn.gov.in/judis