Madras High Court

WP/39892/2026 of V.SHANMUGASUNDARAM Vs THE TAHSILDAR on 30 September 2026

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WP No. 39892 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-09-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

WP No. 39892 of 2026

CNR:{HCMA012350442026}

V.Shanmugasundaram

S/o.Velusamy,

281, Nattukkalpalayam Village,

Ponnapuram Post, Dharapuram Taluk,

Tiruppur District.

..Petitioner(s)

Vs

1. The Tahsildar

Dharapuram Taluk,

Tiruppur District.

2. The Taluk Surveyor

Dharapuram Taluk,

Tiruppur District.

3. The Village Administration Officer

Ponnapuram Vilalge Dharapuram Taluk,

Tiruppur District.

4. The Inspector of Police

Alangiyam Police Station

Tiruppur District.

5. Kandhasamy

S/o.late Anagamuthu Gounder

D.No.84, Nattukkalpalayam

Ponnapuram Post, Dharapuram Taluk,

Tiruppur District.

6. Kaliyappan

S/o.Late.Angamuthu Gounder

D.No.84, Nattukkalapalayam,

Ponnapuram Post Dharapuram Taluk,

Tiruppur District.

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WP No. 39892 of 2026

7. Eswarasamy

S/o.Chinnasamy,

D.No.52, Nattukkalapalayam

Ponnapuram Post Dharapuram Taluk,

Tiruppur District.

8. Manimekalai

W/o.Angamuthu,

D.No.3/128, Singaalipalayam

Sadaiyapalayam Post, Dharapuram Taluk,

Tiruppur District.

9. Valliyathal

W/o.Muthusamy,

1/112, Devarajapattinam,

Velayuthampalayam, Dharapuram Taluk,

Tiruppur District.

..Respondent(s)

Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Mandamus, directing the Respondents 1 to 3 to survey the petitioners land measuring 4.05 acres at R.S.No. 1084/1 in Ponnapuram Village, Dharapuram Taluk, Tiruppur District by considering the petitioners application dated 14.08.2026 and direct the 4th respondent to provide Police Protection for Survey fencing For Petitioner(s):

Ms.T.Trishala

For Respondent(s):

Ms.A.Bakkiya Lakshmi, AGP for R1 to 3

Mr.Durai Gunasekaran, Govt. counsel for R4

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Order

This writ petition has been filed to direct the respondents to consider the petitioner's application dated 14.08.2026.

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WP No. 39892 of 2026

2. Ms.A.Bakkiya Lakshmi, learned Additional Government Pleader, takes notice on behalf of the respondents 1 to 3 and Mr.Durai Gunasekaran, learned Government counsel, takes notice on behalf of the 4th respondent.

3. By consent of the parties, the main petition is taken up for disposal in the stage of admission itself.

4. The learned counsel for the petitioner would submit that in this case, the petitioner, being the owner of the property to an extent of 4.05 Acres situated at R.S.No. 1084/1 in Ponnapuram Village, Dharapuram Taluk, Tiruppur District, had filed an application dated 14.08.2026 before the respondents 1 to 3, requesting them to conduct survey at the said property. However, the petitioner’s application was not at all considered by the respondents till date. Hence, this petition.

5. Further, he would fairly submit that a suit for permanent injunction was filed in respect of the subject property and the same is pending. However, the patta, pertaining to the said property, stands in the petitioner’s name. Hence, he requests this Court to pass appropriate orders.

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WP No. 39892 of 2026

6. In reply, the learned counsel for the respondent would submit that due to the objection made by the private respondents, the official respondents are not in a position to conduct survey at the subject property. Further, he had also informed with regard to the pendency of suit in respect of the said property.

7. Heard the learned counsel appearing for the petitioner as well as the respondent and also perused the entire materials available on record.

8. In the case on hand, the petitioner had filed an application dated 14.08.2026 before the respondents 1 to 3, requesting them to conduct survey at the subject property. Even the patta, pertaining to the said property, stands in the name of the petitioner. In spite of the same, the petitioner’s application was not at all considered by the respondents till date.

9. Further, it was brought to the knowledge of this Court that a suit for permanent injunction is pending in respect of the subject property. However, such pendency of suit, which was filed for permanent injunction would not be an impediment for the respondents to conduct survey at the subject property.

10. In view of the above, this Court directs the respondents 1 to 3 to consider the petitioner’s application dated 14.08.2026 and after issuing notice to all the concerned parties, including adjacent land owners, dispose of the same,

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WP No. 39892 of 2026

on merits and in accordance with law, within a period of 6 weeks from the date of receipt of a copy of this order.

10. It is made clear that this order is passed only for the purpose of issuing a direction to the official respondent for conducting survey at the subject land. If there is any dispute with regard to the title/possession over the said property, the same has to be decided only by way of filing a suit before an appropriate Civil Court.

11. If any police protection is required at the time of conducting survey, the revenue officials are granted liberty to avail the same by approaching the 4th respondent. In such case, the 4th respondent shall provide all necessary protection to the revenue officials till the completion of survey at the subject land.

12. With the above directions, this writ petition is disposed of. No cost. 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsa

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WP No. 39892 of 2026

To

1. The Tahsildar Dharapuram Taluk, Tiruppur District.

2. The Taluk Surveyor Dharapuram Taluk, Tiruppur District.

3. The Village Administration Officer Ponnapuram Vilalge Dharapuram Taluk, Tiruppur District.

4. The Inspector of Police Alangiyam Police Station Tiruppur District.

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WP No. 39892 of 2026

KRISHNAN RAMASAMY J. nsa WP No. 39892 of 2026 30-09-2026

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