Madras High Court
WP CRL./2092/2026 of V.Ganeshkumar Vs The District Collector on 16 October 2026
WP Crl. No. 2092 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2026
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN
WP Crl. No. 2092 of 2026
CNR:{HCMA011897512026}
V.Ganeshkumar
S/o.Veeranna Chettiar,
D.No.3,
Kondasamy Naidu Street No.1,
Velandipalayam,
Coimbatore - 641 025.
..Petitioner
Vs
1. The District Collector
Collectorate,
Coimbatore.
2. The Thasildhar
Thasildhar Office (South),
Coimbatore - 641 018.
3. The Head Surveyor
Land Survey Section,
Thasildhar Office South,
Coimbatore - 641 018.
4. The Inspector of Police
Selvapuram Police Station (L and O),
Coimbatore City.
5. Hariprasanna
S/o.Rajagopal,
D.No.131, Uppara Street,
Porikara Lane,
Coimbatore - 641 001.
..Respondents
To issue a Writ of Mandamus order or direction in the nature of a Writ forbearing the Respondents 2 to 4 from surveying the properties situated in T.S.No.517/2A and 517/2B, Block No.8, Ward No.3, Coimbatore Town to an
WP Crl. No. 2092 of 2026
extent of 29,447 Sq.Ft pending disposal of the suit in O.S.No.826 of 2024 on the file of the 3rd Additional District Munsif of Coimbatore.
For Petitioner :
Mr.M.Saravanakumar
For Respondents :
Ms.Poornima,
Additional Government Pleader for R1 to R3
Mr.Arun Anbumani,
Additional Public Prosecutor for R4
Mr.T.Annamalai for R5
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Order
The petitioner has come forward with this writ petition seeking an order to forbear the respondents 2 to 4 from surveying the properties situated in T.S.No.517/2A and 517/2B, Block No.8, Ward No.3, Coimbatore Town pending disposal of the suit in O.S.No.826 of 2024 on the file of the III Additional District Munsif, Coimbatore.
2. The petitioner claims title through a ‘WILL’. He filed a suit in order to enforce the ‘WILL’. The defendant in the suit is one Nirmala. The suit is pending before the learned District Munsif at Coimbatore and has been numbered as O.S.No.826 of 2024. The fifth respondent, claiming right over the property, had filed a suit in O.S.No.735 of 2024 on the file of the III Additional District Munsif at Coimbatore. The defendants in this suit are his siblings, Saranya and Ambika Devi. The writ petitioner is not a party to the said suit.
3. On the basis of the ‘WILL’ dated 01.04.2023, the suit in O.S.No.735
WP Crl. No. 2092 of 2026
of 2024 was compromised. A compromise decree was passed on 11.03.2025. On the strength of this compromise decree, the fifth respondent filed a writ petition for a mandamus in W.P(Crl.). No.436 of 2026, seeking protection for surveying the property. This court ordered the said writ petition on 12.03.2026. Fearing that the police will act on the direction so given, the petitioner has come forward with the present writ petition.
4. It is the plea of Mr.M.Saravanakumar that the petitioner is not a party to the partition suit between the fifth respondent and his sisters. He states that his suit for declaration of title is pending and suppressing the same, the petitioner therein had obtained the order before this court.
5. It is the plea of Mr.Annamalai that the petitioner in W.P.(Crl.).No.436 of 2026 had sought police protection on account of the fact that the petitioner herein has obstructed with the survey being conducted. He pleaded that the survey has been conducted and a report has been filed on 31.07.2026. He adds that the petitioner had forcibly removed the survey markings, after the survey was completed. Hence, he seeks dismissal of the writ petition.
6. I have carefully considered the submissions made on either sides. I have gone through the records.
WP Crl. No. 2092 of 2026
7. No revenue authority has the power to go into the matters of title. Any revenue record whether by way of patta, chitta or adangal or even survey record, does not confer any title on any person. In the event the fifth respondent has no title to the property, survey conducted on 31.07.2025 would not confer any title on him. Though the petitioner had been arrayed as a party in the earlier writ petition, the fifth respondent has secured an order without putting him on notice.
8. Hence, in order to balance the interest of both the parties, the survey report that has been secured by the fifth respondent will not be relied upon by the trial court in the pending suit in O.S.No.826 of 2024. The trial court will come to the conclusion as to whether the writ petitioner has title or not independent of the survey report. As the survey has already been completed, the direction sought for by the petitioner cannot be granted. The writ petition stands disposed of. 16-10-2026 nl Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
WP Crl. No. 2092 of 2026
To
1. The District Collector Collectorate, Coimbatore.
2. The Tahsildar Tahsildar Office (South), Coimbatore - 641 018.
3. The Head Surveyor Land Survey Section, Tahsildar Office South, Coimbatore - 641 018.
4. The Inspector of Police Selvapuram Police Station (L and O), Coimbatore City.
5. The Public Prosecutor, High Court of Madras
WP Crl. No. 2092 of 2026
V.LAKSHMINARAYANAN J. nl WP Crl. No. 2092 of 2026 16-10-2026