Madras High Court
WP/39772/2026 of KRISHNAN Vs The District collector on 29 September 2026
WP No. 39772 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-09-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY
WP No. 39772 of 2026
CNR:{HCMA012345912026}
AND
WMP NO. 44713 OF 2026
Krishnan
S/o Munusamy,
Chinnasettihalli village
Marandhahalli Post,
Palacode Taluk,
Dhamrpauri District
..Petitioner(s)
Vs
1. The District collector
Dharmapuri,
Dhamrpauri District
2. The Tashildar
Palacode Taluk,
Dhamrpauri District
3. The Taluk Head Surveyor
Palcode taluk,
Dhamrpauri District
4. Dhuruvasam
S/o perumal,
Residing at Door No 2/120 Koakkarai village, Sajjalapatti Post, Denkanikottai Taluk, Krishnagiri District
5. Murugeshwari
W/o Raja,
Residing at Door No 2/120 Koakkarai village, Sajjalapatti Post, Denkanikottai Taluk, Krishnagiri District
WP No. 39772 of 2026
6. Jaya
W/o Muniraj,
Residing at Door No 2/120 Koakkarai village, Sajjalapatti Post, Denkanikottai Taluk, Krishnagiri District
7. Chinnasamy
S/o Muniyappa
Residing at Door No 2/120 Koakkarai village, Sajjalapatti Post, Denkanikottai Taluk, Krishnagiri District
..Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus forbearing the respondents 2 and 3 or their agents form conducting survey the property S. Nos. 179/1B, 179/1E and 179/1G
situated in Samanur Village Palacode Taluk, Dhamrpauri District based on the summon issued by the 2nd respondent dated 17.09.2026 by considering the representation of the petitioner dated 02.09.2026 and other order as this Honble Court.
For Petitioner(s):
Mr.Sivaraman V
For Respondent(s):
Ms.A.Bakkiya Lakshmi, Additional Government Pleader for R1 to R3
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Order
This writ petition has been filed to forbear respondents 2 and 3 from conducting a survey of the property, by taking into consideration the representation of the petitioner dated 02.09.2026.
WP No. 39772 of 2026
2. The learned counsel appearing for the petitioner submitted that the petitioner and his family members own the property situated in S.F. No. 179/1B (measuring approximately 1 acre, subsequently subdivided into S. Nos. 179/1B, 179/1E, and 179/1G) situated in Samanur Village, Palacode Taluk, Dharmapuri District. Thereafter, the petitioner and his family members have been in continuous possession and enjoyment of the property. The petitioner acquired the property through an unregistered Sale Deed. While things stood thus, the petitioner’s vendor’s legal heirs, who are respondents 4 to 7, created certain false documents, suppressed the unregistered Sale Deed, and applied for a survey. Since the said application was not considered, they obtained an order from this Court to survey the land vide order dated 12.08.2026 in W.P. No. 29391/2025. Pursuant to this order, the 2nd respondent suddenly issued a summon dated 17.09.2026, calling upon the petitioner to conduct the survey. Aggrieved by this, the petitioner has approached this Court.
3. The learned Additional Government Pleader appearing for respondents 1 to 3 submitted that based on the order of this Court, the revenue officials issued summons to the petitioner to conduct the survey.
4. Heard both sides and perused the materials available on record.
WP No. 39772 of 2026
5. Since summons have already been issued to participate in the enquiry, the petitioner is directed to participate in the enquiry and produce all relevant records to prove his title and possession of the property. In the event that the petitioner is found to be in possession of the property, the official respondents are directed to defer conducting the survey until the recovery of possession is made by the 4th respondent by approaching the competent Civil Court to establish his rights in a manner known to law.
6. With the above observations, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK To
1. The District collector Dharmapuri, Dhamrpauri District
2. The Tashildar
Dhamrpauri District
3. The Taluk Head Surveyor Palcode taluk, Dhamrpauri District
WP No. 39772 of 2026
KRISHNAN RAMASAMY J. SK WP No. 39772 of 2026 AND WMP NO. 44713 OF 2026 29-09-2026