2026 Supreme(Online)(Mad) 13862
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.SURENDER, J
Rajendran – Appellant
Versus
The District Collector – Respondent
Writ Petition | 226
For the Appellants/Petitioners: Mr.V.Muthusamundeeswaran
For the Respondents:Mr.R.Ragavendran Government Advocate
The court reinforces the obligation of authorities to act on representations concerning land surveys under the Tamil Nadu Survey and Boundaries Act, ensuring adherence to statutory timelines.
Headnote:This judgment examines the application for a Writ of Mandamus under Article 226 of the Constitution to direct the respondents to survey certain land. The petitioner claims peaceful possession and seeks action on a previous representation. The court ordered the respondents to carry out the survey under Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923. The main issue is whether the authorities have failed to act on the representation, leading to this petition. The court emphasized the need for timely action by the respondents regarding the petitioner's claim.
| Table of Content |
|---|
| 1. petitioner's claim to possess ancestral land. (Para 3) |
| 2. government's obligation to act on survey requests. (Para 4) |
| 3. court directs timely survey and resolution of claims. (Para 5 , 6) |
THE HONOURABLE MR.JUSTICE K.SURENDER Rajendran ... Petitioner -vs-
1.The District Collector, Dindigul District, Dindigul.
2.The Tahsildar, Tahsildar Office, Dindigul East, Dindigul District.
3.The Head Surveyor, Tahsildar Office, Dindigul East, Dindigul District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to conduct the survey petitioner's land in S.Nos.253/1A1 and 253/2B, situated at Jothampatti Village, Dindigul East, Dindigul District, by considering the petitioner's representation dated 17.06.2025.
For Petitioner : Mr.V.Muthusamundeeswaran For Respondents : Mr.R.Ragavendran Government Advocate
ORDER
This Writ Petition is filed seeking a Writ of Mandamus directing the respondents to conduct the survey petitioner's land in S.Nos.253/1A1 and 253/2B, situated at Jothampatti Village, Dindigul East, Dindigul District, by considering the petitioner's representation dated 17.06.2025.
2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.
3.The learned counsel for the petitioner would submit that the subject property is ancestral in nature and the petitioner is in peaceful possession and enjoyment thereof. With a view to properly identifying the boundaries and avoiding future disputes, the petitioner submitted a representation dated 17.06.2025 before the competent revenue authorities seeking survey and demarcation of the said lands. Despite the receipt of the said representation, the respondents 2 and 3 have failed to take any action to survey and demarcate the petitioner’s land within a reasonable time. Hence, the petitioner has been constrained to approach this Court by filing the present Writ Petition for the relief stated supra.
4. The learned Government Advocate appearing for the respondents would submit that proper steps would be taken to survey and demarcate the land in accordance with Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923.
5. Recording the aforesaid submission, this Court directs the respondents 2 and 3 to consider the petitioner's representation dated 17.06.2025 and demarcate the subject property, after considering the claims of the petitioner and any other rival parties, if any, and to pass orders in accordance with Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923, within a period of twelve weeks from the date of receipt of a copy of this order. In the event of any rival claims, the parties are at liberty to work out their remedies before the Civil Court.
6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.