Citation : 2026 Latest Caselaw 639 Mad
Judgement Date : 23 February, 2026
W.P.(MD)No.4904 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE K.SURENDER
W.P.(MD)No.4904 of 2026
M.Palanivel ... Petitioner
-vs-
1.The District Collector,
Office of the District Collector,
Dindigul District.
2.The Tasildhar,
Office of the Tahsildhar,
Nilakottai,
Dindigul District.
3.The Firka Surveyor,
Jambudurai Kottai Firka,
Office of the Tahsildhar,
Nilakottai,
Dindigul District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents 2 and 3 to survey, measure
and demarcate the petitioner's properties situated at Nilakottai Taluk, Jambudurai
Kottai Village, in Survey No.97/9B2A an extent of 47 cents in Patta No.5884,
based on the petitioner's application dated 21.01.2026 as per his documents and
patta, within a time limit stipulated by this Court.
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W.P.(MD)No.4904 of 2026
For Petitioner : Mr.B.Babu
For Respondents : Mr.D.S.Nedunchezhian
Government Advocate
ORDER
This Writ Petition is filed seeking a Writ of Mandamus directing the
respondents 2 and 3 to survey, measure and demarcate the petitioner's property
comprised in Survey No.97/9B2A, measuring an extent of 47 cents, Patta No.
5884, situated at Nilakottai Taluk, Jambudurai Kottai Village, based on the
petitioner's application dated 21.01.2026 as per his documents and patta, within a
time limit to be stipulated by this Court.
2. By consent, the Writ Petition is taken up for final disposal at the
admission stage itself.
3.The learned counsel for the petitioner would submit that the petitioner is
the absolute owner of the subject property and is in peaceful possession and
enjoyment thereof. With a view to properly identifying the boundaries and
avoiding future disputes, the petitioner submitted an application dated 21.01.2026
before the competent revenue authorities seeking survey and demarcation of the
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said lands. Despite the receipt of the said representation, the respondents 2 and 3
have failed to take any action to survey and demarcate the petitioner’s land within
a reasonable time. Hence, the petitioner has been constrained to approach this
Court by filing the present Writ Petition for the relief stated supra.
4. The learned Government Advocate appearing for the respondents would
submit that proper 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.
5. Recording the aforesaid submission, this Court directs the respondents 2
and 3 to consider the petitioner's application dated 21.01.2026 and demarcate the
subject property, after considering the claims of the petitioner and any other rival
parties, if any, and to 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. In the event of any rival claims,
the parties are at liberty to work out their remedies before the Civil Court.
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6. With the above direction, this Writ Petition is disposed of. There shall
be no order as to costs.
NCC : Yes / No (K.SURENDER, J.)
Index : Yes / No 23.02.2026
smn2
To:-
1.The District Collector,
Office of the District Collector,
Dindigul District.
2.The Tasildhar,
Office of the Tahsildhar,
Nilakottai,
Dindigul District.
3.The Firka Surveyor,
Jambudurai Kottai Firka,
Office of the Tahsildhar,
Nilakottai,
Dindigul District.
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K.SURENDER, J.
smn2
23.02.2026
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