Madras High Court
WP/39049/2026 of E.MUTHAIYA Vs THE DISTRICT COLLECTOR on 29 September 2026
WP No. 39049 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-09-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY
WP No. 39049 of 2026
CNR: {HCMA012201842026}
E.Muthaiya
S/o.Elangovan,
Door No.6/414, Puthukuttai Kattukottai,
Nagiyampatti, Gangavalli Taluk, Salem District.
..Petitioner(s)
Vs
1. The District Collector,
Office of the Collectorate,
Salem District.
2. The Tahsildar
Office of Tahsildar,
Attur Taluk,
Salem District.
3. The Head Surveyor,
Office of the Tahsildar,
Attur Taluk,
Salem District.
4. The Inspector of Police,
Malliyakarai Police station,
Salem District.
..Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to direct the 2nd and 3rd respondent to measure the petitioner’s properties and fix boundary stones in Survey Number.363/3A to an extent of about 1 acre 21 cents , S.No.363/6B to an extent of about 0.01 cent, S.No.363/7A to an extent of about 1 acre 44 cents, S.No.363/7B to an extent of 0.05 cents, S.No.363/10A (363/10A1, 363/10A3) to an extent of about 67 cents,
WP No. 39049 of 2026
S.No.363/10B to an extent of about 19 cents, S.No.363/10C to an extent of about 88 cents of lands in Keeripatti Village, attur Taluk, Salem District by disposing of the petitioners online application vide petition No.2026/0123/08/005743 dated 31.08.2026 with the aid of the 4th respondent and the same within a time to be stipulated by this Hon'ble Court.
For Petitioner(s):
Mr.Ahamed Hussan Thanvir for Mr.A.Rajakumar For Respondent(s):
Mr.P.Elayaraj Kumar, Special Government Pleader for R1 to R3
Mr.Durai Gunasekaran, Govt. Counsel (Crl. Side)
for R4
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ORDER
This Writ Petition has been filed to direct the respondents 2 and 3 to survey the petitioner’s land by considering the petitioner’s application dated 31.08.2026.
2. The learned counsel appearing for the petitioner submitted that the petitioner is the absolute owner of the properties situated at Keeripatti Village, Attur Taluk, Salem District, comprised in Survey No. 363/3A (measuring an extent of about 1 acre 21 cents), S.No. 363/6B (measuring an extent of about 0.01 cent), S.No. 363/7A (measuring an extent of about 1 acre 44 cents), S.No. 363/7B (measuring an extent of about 0.05 cents), S.No. 363/10A (363/10A1, 363/10A3) (measuring an extent of about 67 cents), S.No. 363/10B (measuring an extent of about 19 cents), and S.No. 363/10C (measuring an extent of about 88 cents), by virtue of a registered Partition Deed dated 01.07.2020. In order to
WP No. 39049 of 2026
survey the properties and fix boundary stones, the petitioner submitted an online application dated 31.08.2026 to respondents 2 and 3 by paying the requisite fees. Since the said application has not been considered till date, the petitioner has approached this Court.
3. Learned Special Government Pleader who accepts notice on behalf of the respondents 2 and 3 would submit that the petitioner’s land will be surveyed and demarcated based on his 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 Special Government Pleader appearing for the respondents.
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 2nd and 3rd respondents to consider the petitioner’s application dated 31.08.2026 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. If any need arises for Police assistance, the 4th respondent / jurisdictional Police is directed to provide an adequate Police protection for conducting the survey.
WP No. 39049 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. 29-09-2026 SK To
1. The District Collector, Office of the Collectorate, Salem District.
2. The Tahsildar Office of Tahsildar, Attur Taluk, Salem District.
3. The Head Surveyor, Office of the Tahsildar, Attur Taluk, Salem District.
4. The Inspector of Police, Malliyakarai Police station, Salem District.
WP No. 39049 of 2026
KRISHNAN RAMASAMY, J. SK WP No. 39049 of 2026 29-09-2026