The Court held that an impugned order restricting a property survey was invalid, necessitating a proper inquiry and consideration of both parties’ claims.

Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceeding in Ref. No.2025/ 0123/14/005788, dated 11.10.2025 passed by the 2nd respondent and quash the same as illegal and consequently direct the respondents to conduct survey and fix four boundaries of the petitioner's land comprised in survey Nos. 106/1B, 106/2A and 106/4A, situated at Vellampadi Village, Aravakurichi Taluk, Karur District, based on the petitioners representation dated 11.10.2025 within the stipulated time fixed by this Court and consequently direct the 3rd respondent to provide necessary police protection while conducting survey by the 1st and 2nd respondents.

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned proceeding in Ref. No.2025/ 0123/14/005788, dated 11.10.2025 passed by the 2nd respondent and consequently, to direct the respondents to conduct survey and fix four boundaries of the petitioner's land and consequently, to direct the 3rd respondent to provide necessary police protection while conducting survey by the 1st and 2nd respondents.

2.Through the impugned order, the respondents have stated that suit is pending regarding the disputed property and the 4th respondent herein has given an objection and therefore, survey cannot be conducted.

3.But the learned Counsel appearing for the petitioner submitted that the suit property is situated in Survey No.106/4C but the petitioner is seeking to survey the property situated in Survey Nos.106/1B, 106/2A and 106/4A.

4.Therefore, this Court is of the considered opinion that the impugned order is passed without application of mind. Hence, the impugned order is quashed and the 1st respondent is directed to conduct an enquiry after issuing notice to the petitioner and the 4th respondent. Thereafter, the official respondents shall conduct a survey with the assistance of the second respondent. If need be, police protection may be sought by the official respondents. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above observations, this Writ Petition is allowed. There shall be no order as to costs. 11-03-2026 Tmg To