A survey to establish land boundaries cannot dispossess parties nor bypass pending civil court proceedings.

O R D E R

By relying on sale deeds referred to in the affidavit and the pattas listed at serial Nos.19 to 22 of the typeset dated 24.07.2025, the petitioner had applied for a survey of lands in survey Nos.988, 989, 1102 and 987. The present Writ Petition relates thereto.

2. Request for a survey is opposed by the second and third respondents. Learned counsel for the second and third respondents refers to the suit filed by the petitioners in O.S.No.135 of 2023 before the District Munsif Court, Vedasandur and, in particular, two orders dated 09.08.2024 rejecting I.A.Nos.1 & 2 of 2023. By referring to the relief claimed in the said interlocutory applications, learned counsel submits that the civil Court concluded that such relief cannot be granted at the pre-trial stage. In those circumstances, learned counsel submits that the petitioners should challenge the order of the civil Court by way of an appeal if aggrieved and cannot circumvent the said order by approaching this Court.

3. In response, learned counsel for the petitioner submits that the relief claimed before the civil Court extended to fixing a fence and restraining the private respondents from objecting to the conduct of a survey. He submits that no effort would be made to put up a fence, compound wall, or the like or claim any possessory rights on the basis of the survey.

4. The object and purpose of a survey is to measure the land concerned and fix the boundaries thereof. Such survey cannot be used for purposes of dispossession or to establish possession.

5. Subject to the above observations, this Writ Petition is disposed of on the following terms:

i. The first respondent is directed to initiate action to undertake a survey of lands in survey Nos.1013/1A1 and 988/1A in Ayyalur village. Such survey shall be carried out after issuing notice to the petitioners and the second and third respondents herein. Such notice shall also be issued to owners of any other relevant adjacent lands.

ii. During the survey process, the land shall be measured and the boundaries thereof fixed. No further actions, either by way of fixing a fence, boundary wall, or the like, shall be carried out.

iii.The conduct of the survey shall be without prejudice to possessory or other rights asserted by both the parties in the pending civil suit.

iv. No costs.

NCS : Yes/No 12.11.2025 Index : Yes / No Internet : Yes / No apd To

1. The Tahsildar, Vedasandur Taluk, Dindigul.

SENTHILKUMAR RAMAMOORTHY.,J.