Objections regarding the survey, demarcation, and issuance of separate patta for a property should be raised before the concerned revenue authority (Tahsildar) rather than through a writ petition under Article 226 of the Constitution of India.

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the 1 to 4 respondent not to sub-division and Separate patta for the application given by the 6th respondent for the aforesaid property admeasuring 1.22 acers comprised in S.No.2/2 situated at Natham Village, Salem Taluk and Salem District.

Notice dispensed with [R5 to R7]

*****

ORDER

This Writ Petition has been filed to forbear the respondents 1 to 4 not to survey, sub-divide and issue separate patta to the 6th respondent for the property morefully described in the prayer to this writ petition.

2. Mr.C.Jayaprakash, learned Government Advocate, accepts notice on behalf of the respondents 1 to 4. Since no adverse orders are passed against the respondents 5 to 7 in this writ petition, notice to the respondents 5 to 7 is dispensed with by this Court.

3. According to the petitioner, the private respondents are attempting to survey and demarcate the property morefully described in the prayer to this writ petition with the assistance of the official respondents. The petitioner seeks to forbear the official respondents from surveying and demarcating the boundaries, sub-divide and issue separate patta in favour of the private respondents. The petitioner claims that the respondents 5 to 7 did not have any legal right to survey and demarcate the boundaries and seek for issuance of separate patta in their names. The petitioner will have to raise all the objections as raised in this writ petition only before the 3rd respondent, who is in the process of conducting survey and demarcation of boundaries of the subject property, based on the request made by the private respondents. The petitioner claims that due to the pendency of civil suit between the parties, the survey and demarcation of boundaries cannot be done by the 3rd respondent. All the objections, including the pendency of civil suit have to be raised only before the 3rd respondent and not before this Court through this writ petition under Article 226 of Constitution of India.

4. The learned counsel for the petitioner, on instructions, would submit that the petitioner is willing to raise all the objections that have been raised before this Court through this writ petition before the 3rd respondent by submitting written objections.

5. For the foregoing reasons, this Court directs the petitioner to submit his written objections with regard to the survey and demarcation of boundaries to be conducted by the 3rd respondent with the assistance of the 4th respondent based on the request made by the respondents 5 to 7, within a period of two (2) weeks from the date of receipt of a copy of this order. On receipt of the said written objections, the 3rd respondent shall consider the said objections on merits and in accordance with law and only thereafter, decide to survey and demarcate the boundaries of the property morefully described in the prayer to this writ petition based on the request made by the respondents 5 to 7.

6. With the aforesaid directions, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

04.02.2026

Index : Yes / No

Speaking order / Non-speaking order

Neutral Citation Case : Yes/No

sp