Madras High Court

WP(MD)/29102/2026 of C.V.Chakkarai Vs The Tahsildar on 8 October 2026

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WP(MD) No. 29102 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 08-10-2026

CORAM

THE HON'BLE MR JUSTICE K.KUMARESH BABU

WP(MD) No. 29102 of 2026

CNR:{HCMD011441042026}

C.V.Chakkarai

..Petitioner

Vs

1. The Tahsildar

Taluk Office,

Uththamapalayam Taluk,

Theni District.

2. The Surveyor

Office Of Surveyor

Uththamapalayam Taluk

Theni District.

3. The Inspector of Police

Uththamapalayam Police Station

Uththamapalayam

Theni.

4. V.M.Eswaran

..Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to direct the 2nd respondent to survey the property in Survey No.57/2 measuring an extent of 90 cent Punja land, located in Kochandar Odai Thottam, village, Uththamapuram Village, Uththamapalayam, Kambam town, Theni District along with necessary police protection by the 3rd respondent as per the registered sale deed document no.240 dated 08.02.1983 in view of the Patta No.4235 by considering the petitioner application dated 17.06.2026 and for such other reliefs, within the period as stipulated by this Court.

__________

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WP(MD) No. 29102 of 2026

For Petitioner:

Mr.A.Haja Mohideen

For R-1 & R-2:

Mr.I.Pinaygash

Special Government Pleader

For R-3:

Mr.I.Murugesan

Counsel for State of Tamil Nadu

(Criminal Side)

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ORDER

Heard learned counsel appearing on either side.

2. By consent of both parties, this Writ Petition is taken up for final disposal. Considering the limited relief sought in the Writ Petition, notice to the 4th respondent is dispensed with.

3. This Writ Petition is filed for issuance of Writ of Mandamus, directing the 1st respondent to direct the 2nd respondent to survey the property in Survey No.57/2 measuring an extent of 90 cent Punja land, located in Kochandar Odai Thottam, village, Uththamapuram Village, Uththamapalayam, Kambam town, Theni District along with necessary police protection by the 3rd respondent as per the registered sale deed document no.240 dated 08.02.1983 in view of the Patta No.4235 by considering the petitioner application dated 17.06.2026 and for such other reliefs. __________

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WP(MD) No. 29102 of 2026

4. Considering the fact that the petitioner had made an application as early as on 17.06.2026 for surveying his property, there shall be a direction to the 2nd respondent to consider the petitioner's application dated 17.06.2026 and pass orders on its own merits and in accordance with law, in consonance with the provisions of Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923. If the 2nd respondent requires the assistance of the 3rd respondent, it is open to him to seek such assistance at the cost of the petitioner.

5. 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.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Nsr __________

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WP(MD) No. 29102 of 2026 To

1. The Tahsildar Taluk Office, Uththamapalayam Taluk, Theni District.

2. The Surveyor Office Of Surveyor Uththamapalayam Taluk Theni District.

3. The Inspector of Police Uththamapalayam Police Station Uththamapalayam Theni. __________

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WP(MD) No. 29102 of 2026 K.KUMARESH BABU, J. Nsr WP(MD) No. 29102 of 2026 08-10-2026 __________

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