Madras High Court

WP(MD)/30457/2026 of Vallikannu Vs The Taluk Surveyor on 23 October 2026

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WP(MD) No. 30457 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 23-10-2026

CORAM

THE HON'BLE MR JUSTICE G.R.SWAMINATHAN

WP(MD) No. 30457 of 2026

CNR:{HCMD011532402026}

Vallikannu

W/o.Ramasamy,

West Street, Edaiyankadu,

Vengarai Post,

Orathanadu,

Thanjavur District

..Petitioner(s)

Vs

1. The Taluk Surveyor

Thiruvonam Taluk,

Thanjavur District

2. The Firka Surveyor,

Thiruvonam Taluk,

Thanjavur District

3. The State Rep by its,

The Inspector of Police,

Kollaikaadu Police Station,

Thanjavur District

..Respondent(s)

PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus by directing the respondents 1 to 2 to consider and dispose of the petitioner’s application in No.2026/N123/21/004314 dated 02.10.2026 so as to survey and demarcate the petitioner’s property situated in Survey No.94/21, situated at Thippanviduthi, Thiruvonam Taluk, Thanjavur District with the assistance of the 3rd respondent as expeditiously as possible.

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WP(MD) No. 30457 of 2026

For Petitioner(s)

: Mr.S.Vikraman

For Respondent(s)

: Mr.P.Sathish Kumar

Government Advocate (Civil Side)

for R.1 & R.2

Mr.C.Chrishtopher

Additional Public Prosecutor

for R.3

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ORDER

The petitioner has applied to the jurisdictional authority for conducting survey of the petition mentioned lands and for demarcation of the boundaries. Since the authority had not acted upon the petitioner's request, this writ petition came to be filed. The learned counsel for the petitioner assures this Court that there is no rival claim.

2. This writ petition is disposed of at the admission stage itself. It is open to any aggrieved party to move this Court either by way of review or recall of this order, if there is any suppression of material facts by the petitioner.

3. The Writ Petition is disposed of with the following directions:- (I) The survey authority will scrutinize if the application submitted by the petitioner is in order. __________

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WP(MD) No. 30457 of 2026 (II) The petitioner will have to enclose all the relevant documents such as patta. If the petitioner is having only a joint patta, he must get consent from co-pattadors for conducting survey. (III) The survey authority will issue notice to the writ petitioner as well as the adjacent land owners and also to the interested persons, if any. (IV) Enquiry shall be held. During enquiry, objections raised by the adjacent land owners / interested persons shall be considered. (V) If according to the jurisdictional authority, the objections are without any basis, the same shall be overruled and the objectors shall be informed accordingly. But the survey will be conducted only after a period of six weeks so that the objector can move the concerned Court for injunction. If before the proposed date of survey, the objector is unable to obtain any injunction order, the survey can very well go on. (VI) It is open to the parties to serve memo of instructions to the surveyor at the time of conducting survey. The same will be borne in mind. While it cannot be binding on the surveyor, the same will be taken note of. __________

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WP(MD) No. 30457 of 2026 (VII) If the jurisdictional authority finds objections to be having substance, then, he shall call upon the applicant to move the jurisdictional civil Court for agitating his rights. (VIII) If required, the survey authority is empowered to seek aid of the jurisdictional police and the jurisdictional police are mandated to grant police protection. (IX) It is made clear that at the end of the survey exercise, survey stones alone can be installed. The exercise of survey and demarcation undertaken pursuant to the direction of this Court can never result in dispossession of any party. No person shall put up fencing at the time of survey by using police aid. (X) The survey authority will conclude the entire exercise one way or the other within a period of six weeks after service of notice on the interested persons. (XI) A copy of the survey report along with sketch will be served on the parties. No costs. 23-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MGA __________

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WP(MD) No. 30457 of 2026 To

1. The Taluk Surveyor Thiruvonam Taluk, Thanjavur District

2. The Firka Surveyor, Thiruvonam Taluk, Thanjavur District

3. The Inspector of Police, Kollaikaadu Police Station, Thanjavur District __________

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WP(MD) No. 30457 of 2026 G.R.SWAMINATHAN, J. MGA WP(MD) No. 30457 of 2026 23-10-2026 __________

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