[Cites 1, Cited by 0]
Madras High Court
Kaviyarasan vs District Collector on 20 May, 2026
Author: G.R.Swaminathan
Bench: G. R. Swaminathan
WP No. 17610 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-05-2026
CORAM
THE HON'BLE Mr. JUSTICE G. R. SWAMINATHAN
WP No. 17610 of 2026
Kaviyarasan
S/o.Kannadhasan
No.12/5 Dr.Ambedkar Nagar
Valavanur Village, Viluppuram Taluk
Villupuram District 606502
..Petitioner(s)
Vs
1. District Collector
District Collectorate, Villupuram
2. Revenue Tahsildar
Tahsildar Office, Villupuram Taluk
Villupuram District 605602
3. Taluk Land Survey And Land Records Division
Villupuram Taluk
Villupuram District 605602
4. Village Administrative Office
Valavanu Village
Villupuram Taluk
Villupuram District 605602
5. Viji
S/o.Kaliamurthy
No.11, Dr. Ambedkar Street
Valavanur, Villupuram Taluk
Villupuram District 605602
6. Kalaiselvi
W/o.Viji
No.11, Dr. Ambedkar Street
Valavanur, Villupuram Taluk
Villupuram District 605602
..Respondent(s)
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WP No. 17610 of 2026
Writ Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus directing the respondents to conduct proper
land survey and measurement in respect of the petitioners property situated at
Villupuram taluk, Valavanur Village, comprised in Survey No.1011/1
measuring an extent of 1.7200 ares, based on the application submitted by the
petitioner dated 24.02.2026 and to complete the survey work by providing
necessary police protection in light of the obstruction caused by private parties.
For Petitioner(s): Mr.A.Sakthivel
For Respondent(s): Mr.M.Murali
Government Advocate
ORDER
The petition mentioned property stands in the name of the petitioner,
Kannadasan and Rani. Kannadasan and Rani, the petitioner’s parents said to
have been executed a Release Deed dated 21.01.2026, in favour of the petitioner
in document No.332 of 2026. According to the petitioner, he thus became the
absolute owner of the property and he wants the survey to be conducted.
2.The petitioner has applied to the jurisdictional authorities for
conducting survey of the petition mentioned land and for demarcation of the
boundaries. Since the authorities have not acted upon the petitioner's request,
this writ petition came to be filed.
3.This writ petition is disposed of at the admission stage itself. It is open
to any aggrieved party to move this Court either by way of review or recall of
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this order, if there is any suppression of material facts by the petitioner.
4.The Writ Petition is disposed of with the following directions:-
(I) The petitioner is directed to submit his application in
on-line mode. The survey authority will scrutinize if the application
submitted by the petitioner is in order. Patta need not be in the name
of the applicant. If patta is in the name of the vendor and mutation
has not been effected, still the application can be considered.
(II) The petitioner will have to enclose all the relevant
documents such as patta. The applicant must have individual patta in
his name. If he is having joint patta, co-pattadars must give their
consent for conducting survey.
(III) The survey authority will issue notice to the writ
petitioner as well as the adjacent land owners and also to the
interested persons, if any.
(IV) Enquiry shall be held. During enquiry, objections raised
by the adjacent land owners / interested persons shall be considered.
(V) If according to the jurisdictional authorities, the objections
are without any basis, the same shall be overruled and the objectors
shall be informed accordingly. But the survey will be conducted only
after a period of six weeks so that the objector can move the
concerned Court for injunction. If before the proposed date of
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survey, the objector is unable to obtain any injunction order, the
survey can very well go on. If any suit is filed, subject to plaint being
in order, it shall be numbered immediately. If any interlocutory
application is filed, it shall be disposed of on merits and in
accordance with law within a period of four weeks thereafter.
(VI) It is open to the parties to serve memo of instructions to
the surveyor at the time of conducting survey. The same will be
borne in mind. While it cannot be binding on the surveyor, the same
will be taken note of.
(VII) If the jurisdictional authorities find objections to be
having substance, then, they shall call upon the applicant to move the
jurisdictional civil Court for agitating his rights.
(VIII) If required, the survey authority is empowered to seek
aid of the jurisdictional police and the jurisdictional police are
mandated to grant police protection.
(IX) It is made clear that at the end of the survey exercise,
survey stones alone can be installed. The exercise of survey and
demarcation undertaken pursuant to the direction of this Court can
never result in dispossession of any party. If the petitioner wants to
put up fencing and if there is any objection from any private party,
fencing can be put up only after the petitioner obtains decree from the
jurisdictional Civil Court.
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(X) The survey authority will conclude the entire exercise one
way or the other within a period of six weeks after service of notice
on the interested persons.
(XI) A copy of the survey report along with sketch will be served
on the parties. No costs.
20-05-2026
Index: Yes/No
Neutral Citation: Yes/No
gya
To
1. District Collector
District Collectorate
Villupuram.
2. Revenue Tahsildar
Tahsildar Office
Villupuram Taluk
Villupuram District 605602.
3. Taluk Land Survey And Land Records Division
Villupuram Taluk
Villupuram District 605602.
4. Village Administrative Office, Valavanu
Village
Villupuram Taluk
Villupuram District 605602.
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G.R.SWAMINATHAN, J.
gya
20-05-2026
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