Madras High Court
WP(MD)/26601/2026 of Adaikalam Vs The Tahsildar on 7 October 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07-10-2026
CORAM
THE HON'BLE MR JUSTICE K.KUMARESH BABU
W.P.(MD)No.26601 of 2026
CNR:{HCMD011257782026}
Adaikalam
..Petitioner(s)
Vs
1. The Tahsildar,
Sankarankovil Taluk,
Tenkasi District.
2. The Taluk Surveyor,
Sankarankovil Taluk,
Tenkasi District.
3. The Inspector of Police,
Sernthamaram Police Station,
Tenkasi District.
4. Mariappan
5. Jeyakodi
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus to direct the 2nd respondent to survey, measure and demarcate the boundaries of the properties comprised in Survey Nos.257/3B2 and 257/3B3, measuring an extent of 0.02.5 Ares and 0.09.0 Ares respectively, in all measuring 22 cents, situated at Veerasigamanipuram Village, Kadayanallur Taluk, Tenkasi District, by considering the petitioner’s application dated 20.08.2026 along with the petitioner’s representation dated 21.08.2026, and consequently directing the 3rd respondent to provide adequate police protection to the 2nd respondent and the concerned officials for carrying out the said survey, measurement and
demarcation peacefully and without any obstruction.
For Petitioner
:Mr.B.Ramnath
For R1 and R2
:Mr.S.Siva Thilakar
Special Government Pleader
For R3
:Mr.I.Murugesan
Counsel for State of Tamil Nadu
For R4
:Mr.S.M.A.Jinnah
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ORDER
The present Writ Petition has been filed in the nature of a Writ of Mandamus seeking for a direction to the second respondent to survey, measure and demarcate the boundaries of the properties comprised in Survey Nos.257/3B2 and 257/3B3, measuring an extent of 0.02.5 Ares and 0.09.0 Ares respectively, in all measuring 22 cents, situated at Veerasigamanipuram Village, Kadayanallur Taluk, Tenkasi District, by considering the petitioner’s application dated 20.08.2026 along with the petitioner’s representation dated 21.08.2026, and consequently directing the 3rd respondent to provide adequate police protection to the 2nd respondent and the concerned officials for carrying out the said survey, measurement and demarcation peacefully and without any obstruction.
2. Heard Mr.B.Ramnath, learned Counsel for the petitioner, Mr.S.Siva Thilakar, learned Additional Government Pleader for the respondents 1 and 2, Mr.I.Murugesan, learned Counsel for State of Tamil Nadu for the third respondent and Mr.S.MA.Jinnah, learned Counsel for the fourth respondent.
3. It is the case of the petitioner that she is the absolute owner and in possession and enjoyment of the subject property and was also issued with patta for the subject property. Further, when the petitioner’s husband made an online application for survey and demarcation of the subject property, the revenue authorities have informed them that the respondents 4 and 5, who are the vendors of the petitioners, have prevented the survey. Hence, she filed the present Writ Petition seeking the aforesaid relief.
4. However, the learned Counsel for the fourth respondent vehemently objected to the claim of the petitioner on the ground that the sale deed that had been executed was sham and nominal and was executed only for loan transaction, which has also been discharged by the fourth respondent. He also submitted that the fourth respondent is residing in the subject property by constructing a house.
5. This Court considered the submission made on either side and perused the materials available on record.
6. From the records, it is revealed that there is a title dispute between the petitioner and the respondents 4 and 5 and the same can be resolved only by the competent civil Court and this Court under Article 226 of the Constitution cannot decide the title of the parties.
7. Be that as it may, an application had been made on the strength of a sale deed that has been executed by the fourth respondent in favour of the petitioner, for survey and demarcating the subject property.
8. Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923, envisage the powers of the survey officer to determine and record a disputed boundary and any person affected by the said decision under Sections 9 and 10, may file an appeal under Section 11 of the said Act to the prescribed officer.
9. In such view of the matter, if the fourth and fifth respondents are having any objection regarding survey of the subject property, the Survey Officer 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.
10. In such view of the matter, this Writ Petition is disposed of with a direction to the second 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 and fifth respondents and any other interest parties and conclude the proceedings within a period of twelve weeks from the date of receipt of a copy of this order. This order will not entitle dispossession of the party in whose possession the property is being surveyed. There shall be no order as to costs. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cmr To
1. The Tahsildar Sankarankovil Taluk, Tenkasi District.
2. The Taluk Surveyor, Sankarankovil Taluk, Tenkasi District.
3. The Inspector of Police, Sernthamaram Police Station, Tenkasi District.
K.KUMARESH BABU, J. cmr WP(MD) No. 26601 of 2026 07-10-2026