Madras High Court
WP(MD)/22500/2026 of R.P.Rajkumar Vs The Tahsildar on 6 October 2026
W.P.(MD).No.22500 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.10.2026
CORAM
THE HON'BLE MR JUSTICE K.KUMARESH BABU
WP(MD) NO. 22500 of 2026
{CNR: HCMD010817332026} Case
QR
R.P.Rajkumar
S/o. R. Paulraj
Rep. by his Power-of-Attorney Agent
R.P.Rajkumar Alagesh
...Petitioner
Vs
1.The Tahsildar,
Office of the Tahsildar,
Melur Taluk,
Madurai District.
2.The Taluk Surveyor,
Melur Taluk,
Madurai District.
3.State of Tamil Nadu represented by
The Inspector of Police,
Melavalavu Police Station,
Melur, Madurai District.
4.S.Sivaramakrishnan
5.S.Nallathambi
6.S.Savithiri
... Respondents
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W.P.(MD).No.22500 of 2026
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned rejection order passed by the 1st respondent /Tahsildar in Na.Ka.No.866/2026/S2 dated 29.05.2026 and to quash the same and directing the 1st respondent/Tahsildar to physically complete the boundary survey, measurement, and demarcation for the petitioner's land in Survey No.
305/1A1, Kidaripatti Village, Melur Taluk, Madurai District measuring 0.40.50 hec with adequate Police protection to be provided by the 3rd respondent police.
For Petitioner
: Mr.T.R.Ravi
For R-1 & R-2
: Mr.S.Siva Thilakar
Special Government Pleader
For R-3
: Mr.I.Murugesan
Government Advocate (Criminal Side)
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O R D E R
Heard the learned counsel appearing on either side.
2. This Writ Petition is filed for issuance of Writ of Certiorarified Mandamus, challenging the impugned rejection order passed by the 1st respondent /Tahsildar in Na.Ka.No.866/2026/S2 dated 29.05.2026 and directing the 1st respondent/Tahsildar to physically complete the boundary survey, measurement, and demarcation for
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W.P.(MD).No.22500 of 2026 the petitioners land in Survey no.305/1A1, Kidaripatti Village, Melur Taluk, Madurai District measuring 0.40.50 hec with adequate Police protection to be provided by the 3rd respondent police.
3. The claim of the petitioner for surveying the subject land was rejected on the ground that respondents 4 and 5 had raised objections and that, in that regard, there was a possibility of disturbance to law and order in the locality. The private respondents, who had been served with notice through this Court, had neither entered appearance nor appeared before this Court. Hence, they were called absent and set ex parte.
4. Section 10 of the Tamil Nadu Survey and Boundaries Act envisages the procedure for conducting an enquiry in cases where objections are raised during the process of survey pursuant to an application made by a person. In that regard, the impugned order rejecting the application merely by recording the objections and apprehension of a law and order situation is contrary to the provisions of Section 10 of the Act. Hence, it would be appropriate for the respondent to conduct a survey pursuant to the application, in compliance with Section 10 of the Act, and pass appropriate orders thereafter.
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W.P.(MD).No.22500 of 2026
5. If there is any apprehension of a law and order situation, the authorities, at the cost of the petitioner, can always seek the protection of the jurisdictional police, who has been arrayed as the 3rd respondent in this writ petition.
6. Accordingly, the Writ Petition stands allowed and the impugned order dated 29.05.2026 is set aside. The 1st respondent is directed to entertain the application dated 06.02.2026 filed by the petitioner and process the same in accordance with Section 10 of the Act. He is also at liberty to seek police protection from the jurisdictional police, if necessary, at the cost of the petitioner. Such exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 06.10.2026 NCC:yes/no Index:yes/no Internet:yes/no Nsr
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W.P.(MD).No.22500 of 2026 To:
1. The Tahsildar Office of the Tahsildar Melur Taluk Madurai District.
2. The Taluk Surveyor Melur Taluk Madurai District
3. The Inspector of Police Melavalavu Police Station Melur Madurai District
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W.P.(MD).No.22500 of 2026 K.KUMARESH BABU
, J.
Nsr W.P.(MD).No.22500 of 2026 06.10.2026
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