Madras High Court
WP(MD)/28896/2026 of Karthik K Vs The District Collector on 6 October 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06-10-2026
CORAM
THE HON'BLE MR JUSTICE K.KUMARESH BABU
W.P.(MD)No. 28896 of 2026
and
W.M.P.(MD)No.21886 of 2026
CNR:{HCMD011425922026}
K.Karthik
..Petitioner(s)
Vs
1. The District Collector,
Theni, Theni District.
2. The Thasildhar,
Aundipatti Taluk,
Theni District.
3. The Head Surveyor,
The Thasildhar Office,
Aundipatti Taluk Office,
Theni District.
4. The Inspector of Police,
Ethakoil Police Station,
Theni District.
5. Arun Suresh
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents No.2 and 3 from conducting survey of the properties in S.No.1930, Property situated at Andipatti Village, Andipatti Bit-2, Theni District by considering the petitioner’s objection petition dated 29.09.2026 and conduct enquiry by
providing opportunity of hearing to the petitioner in accordance with law as per the direction issued by this Court in W.P(MD).No.22007 of 2026 dated 03.08.2026 within stipulated time framed by this Court.
For Petitioner
:Mr.K.Dinesh
For R1 to R3
:Mr.S.Venkatesh
Additional Government Pleader
For R4
: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 Mandamus seeking for a direction to forbear the respondent Nos.2 and 3 from conducting survey of the properties in S.No.1930, situated at Andipatti Village, Andipatti Bit-2, Theni District by considering the petitioner’s objection petition dated 29.09.2026.
2. Heard Mr.K.Dinesh, learned Counsel for the petitioner, Mr.S.Venkatesh, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 3 and Mr.I.Murugesan, learned Counsel for State of Tamil Nadu, who accepts notice on behalf of the fourth 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 fifth respondent is dispensed with.
3. It is the case of the petitioner that he is the absolute owner of the subject property and there is a dispute over the title for the subject property between the petitioner and the fifth respondent. Further, in the Writ Petition filed by the fifth respondent in W.P.(MD)No.22007 of 2026, this Court, by order, dated 03.08.2026, had directed survey of the subject property by issuing notice to the petitioner herein also. However, the revenue authorities has not issued notice to the petitioner by following due procedure and by sending the notice through whatsapp, the revenue authorities are attempted to survey the subject property. Hence, he filed the present Writ Petition with the aforesaid relief.
4. 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.
5. In such view of the matter, if the petitioner is 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.
6. However, it is alleged by the learned Counsel Court of the petitioner that survey has already been done.
7. Denying the same, the learned Additional Government pleader submitted that survey would be conducted in the presence of the petitioner.
8. In such view of the matter, the learned Counsel for the petitioner undertakes on behalf of the petitioner that an objection petition would be filed before the third respondent.
9. This Writ Petition is disposed of with a direction to the petitioner to file an objection, if he is so advised, before the third respondent within a period of two weeks from the date of receipt of a copy of order, and if any such objection is being filed by the petitioner within the time stipulated by this Court, the third respondent is directed to consider the objection filed by the petitioner and 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 fifth respondent and conclude the proceedings within a period of six weeks thereafter. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cmr To
1. The District Collector, Theni, Theni District.
2. The Thasildhar, Aundipatti Taluk, Theni District.
3. The Head Surveyor, The Thasildhar, Office, Aundipatti Taluk Office Theni District.
4. The Inspector of Police, Ethakoil Police Station, Theni District.
K.KUMARESH BABU, J. cmr WP(MD) No. 28896 of 2026 06-10-2026