Madras High Court

WP/40067/2026 of R.Senthilkumar Vs The District Collector on 1 October 2026

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WP No. 40067 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-10-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

WP No. 40067 of 2026

CNR:{HCMA012266172026}

R.Senthilkumar

S/o.late Raji,

..Petitioner

Vs

1. The District Collector

Kallakurichi,

Kallakurichi District.

2. The Revenue Divisional Officer

Kallakurichi-606 213,

Kallakurichi District.

3. The Revenue Tahsildar

Vanapuram Taluk,

Kallakurichi District.

4. M.S.Babu

..Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing the respondents 1 to 3 to rectify the anomaly in the FMB and extent in Patta No.2172, after conducting land survey in SF Nos.116/1B1A, 116/1B1B, 116/1B1C, 116/1B2 and 116/1B3, Aththiyur Village, Vanapuram Taluk, Kallakurichi District to fix the respective portions settled under the Settlement Deeds dated 30.11.2015 (Doc. Nos.5197 to 5200/2015) by considering the petitioners representations dated 17.08.2026, 31.08.2026 and his Online Application dated 31.08.2026 made to the respondents 1 to 3.

WP No. 40067 of 2026

For Petitioner:

Mr.S.Shrish

For Respondents:

Mr.Bhagavath Krishnan PMN

Additional General Pleader (For R1 to R3)

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ORDER

This Writ Petition has been filed to direct the respondents 1 to 3 to conduct survey and demarcate boundaries of the petitioners property.

2. The learned counsel for the petitioner submits that the petitioner’s mother was the absolute owner of an extent of 2.25 acres in S.F. No. 116/B1, Athiyur Village, by virtue of a Sale Deed dated 06.05.1981. The petitioner’s mother settled the property among her four children vide separate settlement deeds dated 30.11.2015, wherein a common extent of 25 cents along with a well was reserved for the joint enjoyment of all four sharers. However, while preparing the Field Measurement Book (FMB) sketch for the respective portions, the 4th respondent raised a claim over the said common portion to make up for a shortage in his individual extent, as a result of which the petitioner's right to use the common well is being frequently disturbed. Despite submitting representations dated 31.08.2025 and 17.08.2026, as well as an online application dated 31.08.2026 along with the necessary survey charges, the official respondents have failed to conduct a survey to demarcate the boundaries between the individual portions and the common area. Hence, the petitioner has filed this Writ Petition.

WP No. 40067 of 2026

3. The Learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 3 would submit that the petitioner’s land will be surveyed and demarcated based on his representations dated 17.08.2026, 31.08.2026 and online application dated 31.08.2026 along with necessary police aid, within a time frame to be fixed by this Court.

4. Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents 1 to 3. Since no adverse orders are being passed against the 4th respondent, notice to him is not necessary.

5. Considering the submissions made by both parties and in view of the limited prayer sought for in this writ petition, this Court without expressing any opinion on the merits of the case, directs the respondents 1 to 3 to consider the petitioner’s representations dated 17.08.2026, 31.08.2026 and online application dated 31.08.2026 and conduct a survey and demarcate the subject properties, within a period of eight (8) weeks from the date of receipt of a copy of this order, after issuing prior notice and affording an opportunity of personal hearing to the petitioner and other parties concerned including the 4th respondent and pass appropriate orders on the representations and online application. If any need arises for Police assistance, the jurisdictional Police is directed to provide an adequate Police protection for conducting the survey.

WP No. 40067 of 2026

6. In the event of any dispute regarding possession, the official respondents shall not adjudicate upon the question of title. The petitioner and the concerned parties are at liberty to approach the competent Civil Court for recovery of possession and for appropriate reliefs in accordance with law. The official respondents shall not involve themselves in such proceedings or take any action affecting the rights of the parties unless specifically directed by the competent Civil Court.

7. With the above direction, this writ petition is disposed of. No costs. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK To

1. The District Collector Kallakurichi, Kallakurichi District.

2. The Revenue Divisional Officer Kallakurichi-606 213, Kallakurichi District.

3. The Revenue Tahsildar Vanapuram Taluk, Kallakurichi District.

WP No. 40067 of 2026

KRISHNAN RAMASAMY J. SK WP No. 40067 of 2026 01-10-2026

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