Madras High Court
WP(MD)/28761/2026 of Jothibasu S Vs The District Collector on 5 October 2026
WP(MD) No. 28761 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05-10-2026
CORAM
THE HON'BLE MR JUSTICE K.KUMARESH BABU
WP(MD) No. 28761 of 2026
CNR:{HCMD011418572026}
S.Jothibasu
S/o.Solaisamy
..Petitioner(s)
Vs
1. The District Collector,
Collectorate,
Virudhunagar District.
2. The Tahsildar,
Vembakottai,
Virudhunagar District.
3. The Taluk Surveyor,
Taluk Office, Vembakottai Taluk,
Virudhunagar District.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing respondents 2 and 3 to measure the lands situated in Survey No.784/2A, at Ayanpanaiyadipatti Village, Vembakottai Taluk, Virudhunagar District based on the petitioner's application number 2026/0123/26/003081 on 13.06.2026 within a time period that may be stipulated by this Court.
For Petitioner(s):
Mr. K.Rajeshwaran
__________
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WP(MD) No. 28761 of 2026
For Respondent(s):
Mr.S.Siva Thilakar
Special Government Pleader
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ORDER
This writ petition is filed to direct respondents 2 and 3 to measure the lands situate in Survey No.784/2A, at Ayanpanaiyadipatti Village, Vembakottai Taluk, Virudhunagar District based on the petitioner's Application No.2026/0123/26/003081, dated 13.06.2026.
2. By consent, this writ petition is taken up for final disposal.
3. Heard Mr.K.Rajeshwaran, learned counsel for the petitioner and Mr.S.Siva Thilakar, learned Special Government Pleader for the respondents.
4. The learned Special Government Pleader, on instructions, would submit that there are third party objections not permitting the survey to be undertaken on the application made by the petitioner.
5. Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 (hereinafter referred to as “the Act”) empowers the Survey Officer to __________
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WP(MD) No. 28761 of 2026 determine and record the disputed boundary, after giving appropriate notice to the respective parties. Further, an appeal against orders are also provided with further right of revision. In that regard, there shall be a direction to the third respondent to proceed further on the application of the petitioner in accordance with Section 10 of the Act and record his reasons of the survey on the disputes raised by the parties on the application made by the petitioner. Any parties aggrieved on the same, could file an appeal as against the reasons recorded by the Survey Officer as provided under Section 11 of the Act.
6. In that regard, there shall be a direction to the third respondent to survey the subject property in accordance with Section 10 of the Act within a period of twelve weeks' from the date of receipt of a copy of this order. If the third respondent requires necessary police protection, at the costs of the petitioner, the same shall also be sought for from the jurisdictional police by the third respondent.
7. It is made clear that the order passed and the proceedings undertaken pursuant there to would not confer any right to claim possession of the property, if the same is in the hands of third parties. __________
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WP(MD) No. 28761 of 2026
8. With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs. 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ABR __________
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WP(MD) No. 28761 of 2026 To
1. The District Collector, Collectorate, Virudhunagar District.
2. The Tahsildar, Vembakottai, Virudhunagar District.
3. The Taluk Surveyor, Taluk Office, Vembakottai Taluk, Virudhunagar District. __________
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WP(MD) No. 28761 of 2026 K.KUMARESH BABU, J. abr WP(MD) No. 28761 of 2026 05-10-2026 __________
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