Courts upheld the title of land based on previous judgments, mandating survey despite objections.

ORDER

This writ petition has been filed challenging the proceedings of the 3^rd respondent refusing to survey the subject property based on the objections made by the private respondents and for a consequential direction to the respondents 1 to 4 to survey the subject property and to demarcate the boundaries.

2. Heard Mr.N Ponraj, learned counsel for the petitioner and Mr.N.Naveen Kumar, learned Government Advocate for respondents 1 to 4 and Mr.L.Bakaran, learned Government Advocate[Crl side] for 5^th respondent.

3. The petitioner claims to be the owner of the subject property by virtue of a Lok Adalat award passed on 25.06.2019 in OS No.153 of 2019 on the file of the District Munsif Court, Dharapuram. Since the father of the 10^th respondent and other private respondents attempted to interfere with the possession and enjoyment of the subject property, a suit was filed in OS No.135 of 2020 seeking for the relief of declaration and permanent injunction. A judgement and decree dated 07.12.2022 came to be passed in favour of the petitioner.

4. The petitioner submitted an on-line applications on

23.07.2025 and 28.07.2025 seeking for the survey of the subject property and for demarcation of boundaries.

5. The grievance of the petitioner is that the 3^rd respondent has rejected the application on the ground that certain objections were raised by the private respondents.

6. In the considered view of this Court, the petitioner is claiming right and title over the property by virtue of the Lok Adalat award and also the decree that was passed in OS No.135 of 2020. Therefore, unless and otherwise, the respondents have obtained any restraint order against the petitioner or have challenged the judgement and decree passed in OS No.135 of 2020 dated 07.12.2022, they cannot physically prevent the surveyor from surveying the property.

7. In view of the above, there shall be a direction to the respondents 1 to 3 to act upon the application submitted by the petitioner and conduct the survey in the subject property based on the Lok Adalat award and the Civil Court decree and demarcate the boundaries. Since the private respondents are causing obstruction, it may lead to some law and order problem and hence, they can seek for police aid from the 5^th respondent. This process shall be completed within a period of four weeks from the date of receipt of a copy of this order.

8. This writ petition is disposed of with the above directions.