[Cites 1, Cited by 0]
Madras High Court
Elumalai vs The Tasildar on 20 May, 2026
Author: G.R.Swaminathan
Bench: G. R. Swaminathan
WP No. 16066 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. 16066 of 2026
Elumalai
S/o.Kattan
No.410, Periya obulapuram
Periya obulapuram Post
Gummidipoondi,
Tiruvallur-601 201
..Petitioner(s)
Vs
1. The Tasildar
Gummidipoondi Tahsildar office
Gummidipoondi Taluk
Tiruvallur District
2. The Surveyor
Gummidipoondi Tahsildar office
Gummidipoondi Taluk
Tiruvallur District
3. The Inspector of Police
Gummidipoondi police station
Tiruvallur District
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus directing the respondents 1 and 2 to
measure the land and fix the boundaries in survey No.151/1A9 to the total
extent of 0.3.64 hectare, Patta No.2926 situated at Periya Obulapuram Village,
Gummidipoondi Taluk, Tiruvallur District with the assistance of the
3rd respondent within the time frame fixed by the court as per the petitioner’s
application dated 5.8.2025 within a stipulated time fixed by this Court.
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WP No. 16066 of 2026
For Petitioner(s): Mr.M.P.Saravanan
For Respondent(s): Mr.M.Murali
Government Advocate
ORDER
The petitioner has applied to the jurisdictional authority for conducting
survey of the petition mentioned land and for demarcation of the boundaries.
Since the authority has not acted upon the petitioner's request, this writ petition
came to be filed.
2.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
this order, if there is any suppression of material facts by the petitioner.
3.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.
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(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 authority, 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
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 authority find objections to be
having substance, then, they shall call upon the applicant to move the
jurisdictional civil Court for agitating his rights.
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(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.
(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
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To
1. The Tasildar
Gummidipoondi Tahsildar office
Gummidipoondi Taluk
Tiruvallur District
2. The Surveyor
Gummidipoondi Tahsildar office
Gummidipoondi Taluk
Tiruvallur District
3. The Inspector of Police
Gummidipoondi police station
Tiruvallur District
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https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN, J.
gya
20-05-2026
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