Madras High Court
WP(MD)/28803/2026 of Viyamuthiri K Vs The Tahsildar on 6 October 2026
WP(MD) No. 28803 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. 28803 of 2026
CNR:{HCMD011426242026}
K.Viyamuthiri
..Petitioner(s)
Vs
1. The Tahsildar,
Taluk Office,
Thirupattur Taluk,
Sivagangai District.
2. The Taluk Surveyor,
Taluk Office,
Thirupattur Taluk,
Sivagangai District.
3. The Inspector of Police,
Nerkuppai Police Station,
Nerkuppai, Sivagangai District.
4. Nallu
..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 and demarcate the petitioner’s land which is located in SF.No.339/12 of Nerkuppai Village, Thiruppattur Taluk, Sivagangai District, admeasuring an extent of 18.50 ares, with the protection of the 3rd respondent in consonance with Section 10 (1) of The Tamil Nadu Survey and Boundaries Act, 1923 based on the application number 2026/0123/23/004620 dated 24.08.2026, within the time frame fixed by this Court.
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WP(MD) No. 28803 of 2026
For Petitioner
:Mr.S.Ramanathan
For R1 and R2
:Mr.S.Siva Thilakar
Special Government Pleader
For R3
:Mr.I.Murugesan
Counsel for State of Tamil Nadu
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ORDER
The present Writ Petition has been filed in the nature of a Writ of a Mandamus seeking a direction against the second respondent to survey and demarcate the petitioner’s land which is located in SF.No.339/12 of Nerkuppai Village, Thiruppattur Taluk, Sivagangai District, admeasuring an extent of 18.50 ares, with the protection of the 3rd respondent in consonance with Section 10 (1) of The Tamil Nadu Survey and Boundaries Act, 1923 based on the petitioner’s application dated 24.08.2026.
2. Heard Mr.S.Ramanathan, learned Counsel for the petitioner, Mr.S.Siva Thilakar, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 and 2 and Mr.I.Murugesan, learned Counsel for the State of Tamil Nadu, who accepts notice on behalf of the third respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. In view of the order proposed to be passed, notice to the private respondent is dispensed with.
3. The petitioner submitted that he is the owner of the subject property and in order to survey and fix the boundaries to the subject property, he has __________
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WP(MD) No. 28803 of 2026 made an application on 24.08.2026 and since no further steps have been taken by the revenue authorities, the petitioner has filed the present Writ Petition with the above relief.
4. When the matter is taken up for admission, the learned Special Government Pleader, on instructions, submitted that when the application of the petitioner was considered, an objection had been raised by the fourth respondent.
5. 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.
6. In such view of the matter, if the fourth respondent is having any objection regarding survey of the 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. __________
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WP(MD) No. 28803 of 2026
7. 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 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. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cmr __________
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WP(MD) No. 28803 of 2026 To
1. The Tahsildar, Taluk Office, Thirupattur Taluk, Sivagangai District.
2. The Taluk Surveyor, Taluk Office, Thirupattur Taluk, Sivagangai District.
3. The Inspector of Police, Nerkuppai Police Station, Nerkuppai, Sivagangai District. __________
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WP(MD) No. 28803 of 2026 K.KUMARESH BABU, J. cmr WP(MD) No. 28803 of 2026 06-10-2026 __________
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