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2026 Supreme(Online)(Mad) 33028

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
Mohamed Musthafa – Appellant
Versus
The District Collector, District Collector Office, Dindigul District – Respondent
WP(MD)No.9900 of 2026|WMP(MD)No.7829 of 2026



Advocates:
For the Appellants/Petitioners: Mr.S.Harish
For the Respondents:Mr.P.Subbaraj Special Government Pleader, Mr.N.Ramesh Arumugam Government Advocate, Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side)

Court restrains construction on disputed patta land pending Tahsildar survey and demarcation.

Headnote:Article 226 of the Constitution of India. Petitioners claim ownership and possession of patta lands in specified survey numbers at Athoor Village. Respondents attempting construction without due process. Court finds proposal stalled pending survey. Issue: Direct respondents to forbear construction on disputed land. Ratio: Government advocate submits construction halted, Tahsildar to survey and demarcate land; construction only if government-owned. Writ petition disposed directing no construction till survey completion. No order as to costs.

Table of Content
1. petitioners seek restraint on unauthorized construction on owned patta lands. (Para 1 , 2)
2. government stalls construction pending tahsildar land survey. (Para 3)
3. no construction until survey; petition disposed without costs. (Para 5)

ORDER

The petitioner is before this Court forbearing the second respondent not to put up any construction in comprised Survey Nos.1462/1, 1463/1A1A, 1462/2, 1463/3, 1463/4, 1463/5, relating to petitioner's landed property situated at Athoor Village, Athoor Taluk, Dindigul District.

2. The petitioner claims to be the owner in possession of the said lands. The said lands are patta lands and the respondents, without following due process of law, are put up construction on the said lands.

3. Mr.N.Ramesh Arumugam, learned Government Advocate (Crl. Side) appearing for the second respondent, on receiving instructions, submitted that the proposal of put up construction in the said land is stalled and a direction is issued to the Tahsildar concerned to conduct survey of the said land and after survey of the said land, if it is found that the said land belongs to the Government, steps will be taken for construction.

4. The said submission is taken on record.

5. Accordingly, the writ petition is disposed of directing the second respondent not to put up any construction in the said land till the completion of the survey to be conducted by the Tahsildar concerned demarcating the subject land.

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