Madras High Court

WP/37830/2026 of ANANDAN Vs The District collector on 29 September 2026

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WP No. 37830 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-09-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

WP No. 37830 of 2026

CNR: {HCMA012132812026}

Anandan,

S/o.Muthusamy,

D.No.2/77A, South street,

Sathappadi Village and Post,

Salem District.

..Petitioner

Vs

1. The District collector,

Salem District,

Salem.

2. The Revenue Divisional officer,

Attur,

Attur Taluk,

Salem District.

3. The Tahsildar,

Thalaivasal,

Thalaivasal Taluk,

Salem District.

4. The Head surveyor,

Thalaivasal,

Thalaivasal Taluk,

Salem District.

5. The Inspector of Police,

Gangavalli Police Station,

Gangavalli Taluk,

Salem District.

6. Arul

7. Venkatachalam

..Respondent(s)

WP No. 37830 of 2026

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 4 to conduct survey, measure and demarcate the petitioner’s property measuring an aggregate extent of 82 cents comprised in survey No.33/2A situated at Sathappadi Village, Thalaivasal Taluk, Salem District pursuant to the application dated 26.05.2026 bearing Application No.2026/0123/08/002736 with necessary police protection to be afforded by the 5th respondent and consequently direct the 3rd respondent to issue a separate Patta in favour of the petitioner by considering the petitioner’s Patta Application dated 27.08.2026

bearing

application

No.2026/0105/08/054677 grant such other relief may deem fit and proper under the circumstances of the case.

For Petitioner(s):

Mr.K.Prabhakaran

For Respondent(s):

Mr.B.Karthikeyan, Additional Government Pleader for R1 to R4

Mr.Durai Gunasekaran, Govt. Counsel (Crl. Side)

for R5

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ORDER

This Writ Petition has been filed to direct the respondents 1 to 4 to survey the petitioner’s land by considering the petitioner’s application dated 26.05.2026.

2. The learned counsel appearing for the petitioner submitted that the petitioner is the absolute owner of the property comprised in Survey No. 33/2A, measuring an aggregate extent of 82 cents, situated at Sathappadi Village,

WP No. 37830 of 2026

Thalaivasal Taluk, Salem District. Out of the said 82 cents, an extent of 80 cents was acquired by the petitioner through a family partition deed dated 11.08.2021, and the remaining extent of 2 cents was acquired by virtue of a registered Sale Deed dated 13.01.2022. In order to survey the land, the petitioner submitted an application dated 26.05.2026 to respondents 1 to 4, and also requested the 5th respondent to provide adequate police protection to avert any hindrance from respondents 6 and 7 during the survey. Furthermore, the petitioner submitted a separate patta transfer application dated 27.08.2026 to the 3rd respondent seeking the issuance of a separate patta in his favour. Since the said applications have not been considered till date, the petitioner has approached this Court.

3. Learned Additional Government Pleader who accepts notice on behalf of the respondents 1 and 4 would submit that the petitioner’s land will be surveyed and demarcated based on his application dated 26.05.2026 and based on the Partition Deed dated 11.08.2021, 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. Since no adverse orders are being passed against the respondents 6 and 7, notice to them is not necessary.

WP No. 37830 of 2026

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 respondent No.3 and 4 to consider the petitioner’s application dated 26.05.2026 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 respondent 6 and 7. If any need arises for Police assistance, the jurisdictional Police / 5th respondent is directed to provide an adequate Police protection for conducting the survey.

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. 29-09-2026 SK

WP No. 37830 of 2026

To

1. The District collector, Salem District, Salem.

2. The Revenue Divisional officer, Attur, Attur Taluk, Salem District.

3. The Tahsildar, Thalaivasal, Thalaivasal Taluk, Salem District.

4. The Head surveyor, Thalaivasal, Thalaivasal Taluk, Salem District.

5. The Inspector of Police, Gangavalli Police Station, Gangavalli Taluk, Salem District.

WP No. 37830 of 2026

KRISHNAN RAMASAMY, J. SK WP No. 37830 of 2026 29-09-2026

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