Back
2026 Supreme(Online)(Mad) 14204
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.SURENDER, J
V.Lenin – Appellant
Versus
The Tahsildar, Vadipatti Taluk, Vadipatti, Madurai District. – Respondent
Writ Petition
For the Appellants/Petitioners: Mr.R.Ganesan
For the Respondents: Mr.P.Subbaraj Special Government Pleader
The court mandates timely demarcation of property boundaries under the Tamil Nadu Survey and Boundaries Act, addressing petitioner claims and allowing for civil resolutions of rival claims.
Headnote:The judgment analyzes the provisions under Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923, focusing on a writ petition filed to direct respondents to survey and earmark certain property boundaries. The petitioners claimed ancestral ownership and sought legal remedy due to inaction by the respondents. The court directed the respondents to act on the petitioners' representation within twelve weeks and acknowledged that any rival claims could be resolved in civil court. The court ultimately disposed of the writ petition without costs.
| Table of Content |
|---|
| 1. request for survey and boundary demarcation. (Para 1) |
| 2. arguments on property ownership and government response. (Para 4 , 5) |
| 3. court orders for action based on statutory provisions. (Para 6) |
| 4. final ruling without costs. (Para 7) |
ORDER
This Writ Petition is filed seeking a Writ of Mandamus directing the respondents 1 and 2 to conduct survey and earmark the four boundaries of the first petitioner's property comprised in Survey No.54/9C, vide Patta No.3098 and the second petitioner's properties comprised in Survey Nos.54/9B and 54/9D, vide Patta No.3097, situated at Kallanai Village, Vadipatti Taluk, Madurai District, based on their representation dated 09.07.2024.
2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.
3. Since no adverse orders are going to be passed against the respondents 4 to 7, notice to the respondents 4 to 7 is hereby dispensed with.
4. The learned counsel for the petitioners would submit that the subject properties are ancestral in nature and the petitioners are in possession and enjoyment thereof. With a view to properly identifying the boundaries and avoiding future disputes, the petitioners submitted a representation dated 09.07.2024 before the competent revenue authorities seeking survey and demarcation of the said lands. Despite the receipt of the said representation, the respondents 1 and 2 have failed to take any action to survey and demarcate the petitioners' lands within a reasonable time. Hence, the petitioners have been constrained to approach this Court by filing the present Writ Petition for the relief stated supra.
5. The learned Special Government Pleader appearing for the respondents 1 to 3 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.
6. Recording the aforesaid submission, this Court directs the respondents 1 and 2 to consider the petitioners' representation dated 09.07.2024 and demarcate the subject properties, after considering the claims of the petitioners, the respondents 4 to 7 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.
7. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
NCC : Yes / No (K.SURENDER, J.)
Index : Yes / No 25.02.2026 smn2 (2/2)
To:-
