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2026 Supreme(Online)(Mad) 13865
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.SURENDER, J
M.Palanivel – Appellant
Versus
The District Collector, Office of the District Collector, Dindigul District. – Respondent
Writ Petition
For the Appellants/Petitioners: Mr.B.Babu
For the Respondents:Mr.D.S.Nedunchezhian Government Advocate
The court affirmed the necessity of timely administrative action under the Tamil Nadu Survey and Boundaries Act for property demarcation.
Headnote:Statute Analysis: The judgment deals with provisions under the Tamil Nadu Survey and Boundaries Act, 1923, particularly Sections 9 and 10. Facts of the Case: The petitioner seeks a Writ of Mandamus for the survey and demarcation of his property, claiming ownership and peaceful possession.
Findings of Court:
The court recorded submissions from the Government Advocate agreeing to take action.
Issues: The court frames the question of whether the respondents will take steps to survey the property.
Ratio Decidendi: The court directed respondents to consider the application based on the law and to act within a specified period.
Result: This Writ Petition is disposed of.
| Table of Content |
|---|
| 1. petitioner claims ownership and requests survey. (Para 1 , 3) |
| 2. court directed actions under the tamil nadu survey act. (Para 2 , 5) |
| 3. petition disposed; no costs order issued. (Para 4 , 6) |
ORDER
This Writ Petition is filed seeking a Writ of Mandamus directing the respondents 2 and 3 to survey, measure and demarcate the petitioner's property comprised in Survey No.97/9B2A, measuring an extent of 47 cents, Patta No. 5884, situated at Nilakottai Taluk, Jambudurai Kottai Village, based on the petitioner's application dated 21.01.2026 as per his documents and patta, within a time limit to be stipulated by this Court.
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 petitioner is the absolute owner of the subject property and is in peaceful possession and enjoyment thereof. With a view to properly identifying the boundaries and avoiding future disputes, the petitioner submitted an application dated 21.01.2026 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 application dated 21.01.2026 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.
