Madras High Court
WP(MD)/29816/2026 of Durai. Bose Vs The Revenue Divisional Offic on 14 October 2026
WP(MD) No. 29816 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE K.KUMARESH BABU
W.P.(MD)No.29816 of 2026
CNR:{HCMD011493062026}
AND
W.M.P.(MD)Nos.22688 and 22689 of 2026
Durai. Bose
..Petitioner
Vs
1. The Revenue Divisional Officer,
Ramanathapuram.
2. The Assistant Director of Survey,
Ramanathapuram.
3. The Tahsildar,
Thiruvadanai Taluk,
Ramanathapuram District.
4. Chinnadurai
..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned notice issued by the 3rd respondent in Na.Ka.C3/3545/2026 dated 08.10.2026 and quash the same as illegal and consequently directing the 1st Respondent to consider and dispose of the petitioner’s application dated 02.08.2026 seeking correction of the Field Measurement Book (FMB) in respect of Survey Nos.289/2A2 and 281/5B, situated at Vattanam Village, Thiruvadanai Taluk, Ramanathapuram District, on merits and in accordance with law, after affording an opportunity of hearing to the Petitioner, the 4th Respondent __________
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WP(MD) No. 29816 of 2026
and all other affected parties, and consequently, direct the Respondents not to proceed with any survey, measurement, demarcation or fixation of boundary stones in respect of Survey Nos.281/5A, 283/1B2 and 289/2A3A, situated at Vattanam Village, Thiruvadanai Taluk, Ramanathapuram District or any adjoining land, in so far as such proceedings affect the petitioner’s land or the disputed boundaries, until the petitioner’s application is considered and disposed of.
For Petitioner
:Mr.A.S.Vaigunth
For R1 to R3
:Mr.I.Pinaygash
Special Government Pleader
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ORDER
The present Writ Petition has been filed in the nature of a Writ of Certiorarified Mandamus challenging the impugned notice issued by the third respondent, dated 08.10.2026 and to consider the representation of the petitioner, dated 02.08.2026 seeking correction of the FMB with a consequential direction to the respondent authority not carry out any survey over the subject property till the disposal of the petitioner’s representation.
2. Heard Mr.A.S.Vaigunth, learned Counsel for the petitioner and Mr.I.Pinaygash, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. In view __________
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WP(MD) No. 29816 of 2026 of the order proposed to be passed, notice to the fourth respondent is dispensed with.
3. It is the case of the petitioner that the FMB sketch in relation to the subject property had been altered incorrectly and taking advantage of the same, the fourth respondent is attempting to interfere with the possession and enjoyment of the petitioner over the subject land. Hence, the petitioner has made a representation to correct the FMB sketch. In the meanwhile, on an application submitted by the fourth respondent to survey and demarcate the boundary stones in relation to the subject property, the impugned notice had been issued. Challenging the same, the present Writ Petition has been filed.
4. It is to be noted that the Survey Officer, who is the authority to conduct the survey, is bound by the provisions of the Tamil Nadu Survey and Boundaries Act, 1923 and in that regard, he would have to issue notice to all the adjacent owners and also hear the objections, if any during the survey proceedings. It is claim of the petitioner that in that regard, on an application file by the 4th respondent for conducting the survey, notice has also been issued to the petitioner. If the petitioner is having any objection regarding survey of the property, the Survey Officer __________
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WP(MD) No. 29816 of 2026 is expected to conduct survey as per Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923. The Survey Officer has to take a decision after providing an opportunity of hearing to both sides. The aggrieved party is also having an remedy before the Head Surveyor under Section 11 of the Tamil Nadu Survey and Boundaries Act, 1923.
5. This Writ Petition is disposed of with a direction to the Survey Officer under the third respondent to conduct an enquiry as contemplated under Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 and take a decision by providing an opportunity to the petitioner as well as to the fourth respondent and conclude the proceedings within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
6. It is made clear that the order passed and the proceedings undertaken pursuant thereto would not confer any right to possession of the property if the same is in the hands of third parties. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cmr __________
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WP(MD) No. 29816 of 2026 To
1. The Revenue Divisional Officer, Ramanathapuram.
2. The Assistant Director of Survey, Ramanathapuram.
3. The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District. __________
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WP(MD) No. 29816 of 2026 K.KUMARESH BABU, J. cmr WP(MD) No. 29816 of 2026 14-10-2026 __________
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