WP(MD)/8482/2026 of Padmavathi Vs The Superintendent of Police on 14 October 2026

ORDER

Heard learned counsel appearing for the petitioner, the learned counsel for State of Tamil Nadu (Criminal Side) appearing for Respondents 1 to 3, the learned Special Government Pleader appearing for Respondents 4 and 5 and learned Senior Counsel appearing for Respondents 7 to 25.

2. This Writ Petition is filed for issuance of Writ of Mandamus, directing the respondents 4 and 5 to conduct the survey and fix the four boundaries of the petitioners property in SF.Nos. 5, 6, 7/1, 8/1, 9 and 10 having an total extent of 33.21 Acres of Punja Lands situated at Neivasal Village, Thirumayam Taluk, Pudukkottai District with necessary police protection in the light of order in Additional Superintendent of Police, Pudukkottai passed the memo in L2/2633/5426 dated 23.02.2026.

3. The present Writ Petition had been filed seeking for a direction to the respondents 4 and 5 to conduct a survey and fix the boundaries in respect of the petitioner's property having a total extent of about 33.21 acres based on the application dated 09.01.2026.

4. In this writ petition, an impleading petition came to be filed and was allowed by this Court, whereby respondents 9 to 25 were impleaded. The claim of the impleaded respondents is that the lands belong to them and that, with regard to the patta standing in favour of the petitioner, they have also initiated proceedings before the Revenue Divisional Officer, Pudukkottai. Hence, their contention is that the land cannot be surveyed until the disposal of those proceedings.

5. On considering the application filed for the survey of the lands, the same could be carried out by the officer concerned, namely, the 5th respondent in the present case, after issuing appropriate notice to the interested persons concerned. Further, if any objection is raised by the adjacent landowners or any other interested persons, the authority ought to conduct an enquiry and record its findings, against which an appeal could also be filed under Section 11 of the Act. In this regard, this Court is of the view that the application of the petitioner could be entertained by the fifth respondent in accordance with the provisions of the Tamil Nadu Survey and Boundaries Act, 1923.

6. Accordingly, the Writ Petition stands allowed with a direction to the 5th respondent to entertain the application of the petitioner dated 09.01.2026 and dispose of the same on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner, the private respondents 6 to 25 and to other interested persons, if any, in consonance with the provisions of Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923. If the respondent concerned requires the assistance of the jurisdictional police, it is open to him to seek such assistance at the cost of the petitioner.

7. 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. There shall be no order as to costs. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Nsr

To:

1. The Superintendent of Police Pudukkottai, Pudukkottai District

2. The Deputy Superintendent of Police, Ponnamaravathi Division, Ponnamaravathi Taluk, Pudukkottai District

3. The Inspector of Police, Thirumayam Police Station, Thirumayam Taluk, Pudukkottai District

4. The Tahsildar, Thirumayam Talukk Office, Thirumayam Taluk, Pudukkottai District

5. The Firka Surveyor, Thirumayam Taluk, Pudukkottai District

K.KUMARESH BABU, J. Nsr WP(MD) No. 8482 of 2026 14-10-2026