Madras High Court

WP/39575/2026 of ANGUSAMY Vs The Revenue Tahsildar on 1 October 2026

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WP No. 39575 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-10-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

WP No. 39575 of 2026

CNR:{HCMA012210762026}

Angusamy

S/o Palanisamy,

88 V.N. Palayam,

mathampalayam Village,

Sathyamangalam,

Erode District

..Petitioner(s)

Vs

1. The Revenue Tahsildar

Sathyamangalam taluk office,

Erode District

2. The Taluk Head surveyor

Sathyamangalam Taluk office,

Erode District

3. The State Represetned by its Inspector of Police Punjai Pulliampatti Police station, Sathyamangalam, Erode District

..Respondent(s)

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing the 1st and 2nd Respondnets to conduct survey and fix boundaries of the property belonging to the petitioner comprised in S. F. nos 240/2, 240/3 240/5A, 240/6B1 situated at Mathampalayam village, sathyamangalam,Erode Distrct with police Aid from the 3rd respondent, by considering his online Survey Application No 2026/

0123 / 10 / 000326 dated 04.02.2026

WP No. 39575 of 2026

For Petitioner(s):

Mr.S.MANIKANDAN

For Respondent(s):

Mr.P.Elayaraj Kumar, Special Government Pleader for R1 and R2

Mr.Durai Gunasekaran, Government Counsel (Crl.Side) for R3

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Order

This Writ Petition has been filed seeking a direction to respondents 1 and 2 to conduct a survey and fix the boundaries of the petitioner’s property by considering his representation dated 04.02.2026.

2. The learned counsel appearing for the petitioner submitted that the petitioner is the absolute owner of the property comprised in S.F.Nos. 240/2, 240/3, 240/5A, and 240/6B1 situated at Mathampalayam Village, Sathyamangalam, Erode District, having acquired the same through a registered Settlement Deed dated 08.12.2010. In order to survey the property, the petitioner submitted an online application on 04.02.2026. Since the said representation has not been considered till date, the petitioner has approached this Court.

3. The learned Special Government Pleader appearing for the respondents submitted that certain third parties are in physical possession of the property and that the petitioner is not in absolute possession. Hence, the revenue officials were unable to survey the subject property.

WP No. 39575 of 2026

4. Heard both sides and perused the materials available on record.

5. When the petitioner is not in active possession and third parties are occupying the property, and furthermore, when there is a clear dispute over possession, the proper course of action available to the petitioner is to approach the competent Civil Court to establish his title over the property. If his title is successfully established, the petitioner may very well recover possession through the Civil Court. In the present case, since the subject property is not in the petitioner’s possession, the revenue officials cannot be directed to survey the subject land. Once the title and possession are legally confirmed, the petitioner is at liberty to file a fresh application for a survey of the land.

6. In view of the above, this Writ Petition stands dismissed. No costs. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK To

1. The Revenue Tahsildar Sathyamangalam taluk office, Erode District.

2. The Taluk Head surveyor Sathyamangalam Taluk office, Erode District

3. The Inspector of Police Punjai Pulliampatti Police station, Sathyamangalam, Erode District

WP No. 39575 of 2026

KRISHNAN RAMASAMY J. SK WP No. 39575 of 2026 01-10-2026

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