Madras High Court

WP/39759/2026 of VIGNESH Vs The Tahsildar on 29 September 2026

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WP No. 39759 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-09-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

WP No. 39759 of 2026

CNR: {HCMA012349862026}

Vignesh,

S/o Ravichandran,

No 3/78, Odasalpatti Village and Post,

Maniyambadi,

Pappireddipatti Taluk,

Dharmapuri District.

..Petitioner

Vs

1. The Tahsildar,

Harur Taluk,

Dharmapuri District.

2. The Inspector of Police,

Kambainallur Police Station,

Dharmapuri District.

3. Raja

4. Sakthivel

5. Prema

Respondents 3 to 5 are residing at

Bompatti Village,

Poliayampalli Post,

Dharmapuri District.

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to direct the 1st Respondent to conduct the survey and demarcate the boundaries in respect of properties comprised in Survey No.78/6A situated at

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WP No. 39759 of 2026

Polayampalli Village, haruru Taluk, Dharmapuri District, with adequate protection, based on the application made by the petitioner vide Application No.2026/0123/05/017031 dated 23.02.2026 within a stipulated time.

For Petitioner(s):

Mr.M.Sivakumar

For Respondent(s):

Mr.P.Elayaraj Kumar, Special Government Pleader for R1

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

for R2

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ORDER

This Writ Petition has been filed to direct the 1st respondent to survey the petitioner’s land by considering the petitioner’s application dated 23.02.2026.

2. The learned counsel appearing for the petitioner submitted that the property in S.No. 78/6A, subsequently subdivided as New Survey No. 78/6A, measuring 0.20.00 hectares (49 cents), situated at Polayampalli Village, Harur Taluk, Dharmapuri District, was acquired by the petitioner by virtue of a registered Sale Deed dated 15.10.2025, registered as Doc. No. 1925 of 2025, from Rami and her son Kumar. The petitioner submitted an online application dated 23.02.2026 to the 1st respondent to survey the land, and also requested the 2nd respondent to provide necessary police protection to avert any hindrance during the survey. Although the 1st respondent issued survey notices dated 08.05.2026 and 26.05.2026 respectively, the survey was not conducted. Despite the petitioner having remitted the necessary charges to the revenue authorities,

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WP No. 39759 of 2026

the said application has not been considered, and hence, the petitioner has approached this Court.

3. The learned Special Government Pleader accepts notice on behalf of respondents 1 and 2 and submitted that the 3rd respondent is in possession of the subject property. He further submitted that with regard to the title, the 3rd respondent has filed a civil suit in O.S. No. 74/2026, wherein an interim order has been obtained, and consequently, the official respondents are not in a position to survey the land at this stage.

4. Heard the learned counsel for the petitioner as well as the learned Special Government Pleader appearing for the respondents. Since no adverse orders are being passed against respondents 3 to 5, notice to them is dispensed with.

5. Since a civil suit is pending, the petitioner’s rights are required to be adjudicated and quantified by metes and bounds in the said civil proceedings. Once the inter se rights of the parties are adjudicated in O.S. No. 74/2026 before the Sub Court, Harur, it is open to the parties to submit a fresh application for a survey. Therefore, at this juncture, this Court cannot pass an order issuing a Writ of Mandamus directing the respondents to consider the representation to conduct the survey as sought in this writ petition.

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WP No. 39759 of 2026

6. With the above observations, this Writ Petition stands dismissed. No costs. 29-09-2026 SK To

1. The Tahsildar, Harur Taluk, Dharmapuri District.

2. The Inspector of Police, Kambainallur Police Station, Dharmapuri District.

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WP No. 39759 of 2026

KRISHNAN RAMASAMY, J. SK WP No. 39759 of 2026 29-09-2026

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