Madras High Court
WP/38046/2026 of B.MARIASELVAM Vs The District collector on 29 September 2026
WP No. 38046 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-09-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY
WP No. 38046 of 2026
CNR: {HCMA012136822026}
B.Mariaselvam,
S/o.S.Bilavendiran @ Chinna bilavendiran No.4/329,Mangalam Kattukottai Mangalam village, Erudaiyampattu,
Vanapuram Taluk,
Kallakurichi District -605 702.
..Petitioner(s)
Vs
1. The District collector,
District collectorate,
Kallakurichi District.
2. The Revenue Divisional Officer,
Office of the Revenue Divisional Officer, Kallakurichi, Kallakkurichi District.
3. The Tahsildar,
Office of the Tahsildar,
Vanapuram Taluk Office,
Kallakkurichi District.
4. The Surveyor,
Office of the Surveyor office,
Kallakurichi District.
5. The Superintendent of Police,
Office of the Superintendent of Police,
Kallakurichi District.
6. The Sub Inspector of Police,
Moongilthuraipattu police Station,
Kallakkurichi District.
WP No. 38046 of 2026
7. Bilavendiran @ Chinna Bilavendiran
8. Sagayaraj
9. Arokiyasamy
10.Lilly Selvarani
..Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to direct the 3rd and 4th respondents to conduct proper field survey and measurement of petitioner property in survey numbers 109/2A, 109/2B1 and 130/2A2A measuring 0-34.00 hectares, 0-14.00 hectares and 0-56.43 hectares respectively situated at Mangalam Village, Erudaiyampattu, Vanapuram Taluk, Kallakkurichi District, based on petitioner online application dated 22.7.2026
bearing Receipt No.2026/0123/33/003521 and also directing the 3rd respondent to transfer the patta to petitioner name based on an online application dated 23.07.2026 vide application number 2026/0105/33/02989 and also within a time frame fixed by this Hon’ble court For Petitioner(s):
M/S.E.P.Santhanakumar
For Respondent(s):
Mr.A.Bakkiya Lakshmi,
Additional Government Pleader for R1 to R4
Mr.Durai Gunasekaran,
Govt. Counsel (Crl. Side) for R5 & R6
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ORDER
This Writ Petition has been filed to direct the respondents 3 and 4 to survey the petitioner’s land by considering the petitioner’s application dated 22.07.2026.
WP No. 38046 of 2026
2. The learned counsel appearing for the petitioner submitted that the petitioner is the absolute owner of the properties situated at Mangalam Village, Erudaiyampattu, Vanapuram Taluk, Kallakurichi District, comprised in S.F. Nos. 109/2A (measuring an extent of 0.34.00 hectares), 109/2B1 (measuring an extent of 0.14.00 hectares), and 130/2A2A (measuring an extent of 0.56.43 hectares), by virtue of registered Gift Settlement Deeds executed by his father bearing Doc. Nos. 2241 of 2011 dated 27.09.2011 and 161 of 2015 dated 02.02.2015, respectively. The petitioner submitted an online application dated 22.07.2026 to respondents 3 and 4 to conduct a field survey and transfer the patta to the petitioner's name, and also requested respondents 5 and 6 to provide adequate police protection during the survey. Since the said application has 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 to 4 would submit that the petitioner’s land will be surveyed and demarcated based on his application dated 22.07.2026 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. Since no adverse orders are being passed against the respondent 7 to 10, notice to them is not necessary.
WP No. 38046 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 respondents 3 and 4 to consider the petitioner’s application dated 22.07.2026 and conduct a survey and demarcate the subject properties, within a period of Six (6) 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 7 to 10. If any need arises for Police assistance, the respondents 5 and 6 / the jurisdictional Police 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.
WP No. 38046 of 2026
7. With the above direction, this writ petition is disposed of. No costs. 29-09-2026 SK To
1. The District collector, District collectorate, Kallakurichi District.
2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kallakurichi, Kallakkurichi District.
3. The Tahsildar, Office of the Tahsildar, Vanapuram Taluk Office, Kallakkurichi District.
4. The Surveyor, Office of the Surveyor office,
Kallakurichi District.
5. The Superintendent of Police, Office of the Superintendent of Police, Kallakurichi District.
6. The Sub Inspector of Police, Moongilthuraipattu police Station, Kallakkurichi District.
WP No. 38046 of 2026
KRISHNAN RAMASAMY, J. SK WP No. 38046 of 2026 29-09-2026