[Cites 1, Cited by 0]
Madras High Court
S.N.Muniraju, vs The District Collector, on 21 May, 2026
Author: G.R.Swaminathan
Bench: G. R. Swaminathan
WP No. 20371 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2026
CORAM
THE HON'BLE MR JUSTICE G. R. SWAMINATHAN
WP No. 20371 of 2026
S.N.Muniraju
..Petitioner(s)
Vs
1. The District Collector,
Krishnagiri District.
2. The Tahsildar,
Thaliy Taluk, Denkanikottai,
Krishnagiri District.
3. The Inspector of Police,
Thaily Police Station, Taliy Taluk,
Denkanikottai, Krishnagiri District.
4. Madhedevi
5. Srinivasan
6. Rukkamma
7. Guruva Reddy
8. Manjunatha
9. Chinnamma
..Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking
issuance of writ of mandamus, directing the 2nd respondent to take steps to
measure and demarcate the property being all that piece and parcel of land in
Agalakotta Village of Denkanikottai Taluk, Krishangiri District attached to the
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WP No. 20371 of 2026
Registration District of Krishangiri Sub Registration District, of Denkanikotta
and also Village Panchayat limits of Agalokotta and Union Council of Thally in
Survey Number 154 / 1D Dry.Ext.Hec.0.68, Asst Rs.1.48, (or) Acre 1.68 Cents,
and survey Number 154/1 E Dry. Ext. Hec.0-2.0, Asst Rs.0.06 (or) Acre 0.05
Cents, and Survey Number 154 / 2B Dry.Ext.Hec.0.8.5, Asst Rs.0.19 (or)
Acre.0.21 Cents, and Survey Number 154 /2D Dry.Ext. Hec.0-15.0 Asst.
Rs.0.34 (or) Acre 0.37 cents, and Survey Number 154 / 2E Dry.ExLHec.0-1.0
Asst.Rs.0.06 (or) Acre 0.03 Cents based an Application No.2026 /0123 /31
/002734 dated 12/05/2026 and to put the fencing the property with the help of
3rd respondent within a time frame fixed by this Honorable Court.
For Petitioner(s): Mr.M.Selvam
For Respondent(s): Mr.L.S.M.Hasan Faizal
Additional Government Pleader for R1 & R2
Mr.L.Baskaran
Government Advocate (Crl. Side) for R3s
ORDER
The petitioner has applied to the jurisdictional authority for conducting
survey of the petition mentioned lands and for demarcation of the boundaries.
Since the authority had 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.
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3.The Writ Petition is disposed of with the following directions:-
(I) The petitioner is directed to submit his / her 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 / her name. If he / she 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 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
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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 finds objections to be
having substance, then, he 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.
21-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
KKN
To
1. The District Collector,
Krishnagiri District.
2. The Tahsildar,
Thaliy Taluk, Denkanikottai,
Krishnagiri District.
3. The Inspector of Police,
Thaily Police Station, Taliy Taluk,
Denkanikottai, Krishnagiri District.
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G.R.SWAMINATHAN, J.
KKN
21-05-2026
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