Madras High Court
WP/39856/2026 of PERIYASAMY Vs The District collectdor on 29 September 2026
WP No. 39856 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-09-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY
WP No. 39856 of 2026
CNR:{HCMA012355522026}
Periyasamy,
S/o.Chinnasamy,
Perumal Kovil Street,
Moongilpaadi Village,
Chinnasalem Post,
Kallakurichi District.
..Petitioner(s)
Vs
1. The District Collector,
Kallakurichi District.
2. The Revenue Divisional Officer,
Kallakurichi District.
3. The Tahsildar,
Chinnasalem Taluk,
Chinnasalem,
Kallakurichi District.
4. The Head Surveyor,
Chinnasalem Taluk Office,
Kallakurichi District.
5. The Inspector of Police,
Chinnasalem Police Station,
Kallakurichi District.
6. Ganapathi,
S/o.Marimuthu,
Nadutheru,
Moongilpaadi Village,
Chinnasalem Post,
Kallakurichi District.
..Respondent(s)
WP No. 39856 of 2026
PRAYER:- Writ petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the respondents 2
to 4 to hear the petitioner’s objection dated 09.09.2026 before surveying the land comprised in survey No.68/2B admeasuring an extent of 0.25 ares situated at Moongilpaadi Village, Chinnasalem Taluk, Kallakurichi District.
For Petitioner(s):
Mr.Siddarth Sridhar
For Respondent(s):
Mr.B.Karthikeyan
Additional Government Pleader
for R1 to R4
Mr.Durai Gunasekaran
Government’s Counsel (Crl.side)
For R5
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Order
This writ petition has been filed seeking to direct the respondents 2 to 4 to hear the petitioner’s objection dated 09.09.2026 before surveying the land comprised in survey No.68/2B admeasuring an extent of 0.25 ares situated at Moongilpaadi Village, Chinnasalem Taluk, Kallakurichi District.
2. Learned Counsel for the petitioner would submit that the petitioner is in possession of the property comprised in survey No.68/2B admeasuring an extent of 0.25 ares situated at Moongilpaadi Village, Chinnasalem Taluk, Kallakurichi District. However, the 6th respondent obtained an order from this Court in W.P.No.10927 of 2024 dated 23.04.2024 for conducting survey in the subject property suppressing the fact that the petitioner is in possession of the
WP No. 39856 of 2026
said property. The petitioner has also filed a suit in O.S.No.728 of 2025 seeking declaration of title and permanent injunction in respect of the subject property. However, pursuant to the order of this Court, the 4th respondent visited the petitioner’s land to conduct survey. The petitioner has also made an objection dated 09.09.2026 for conducting survey in the subject land. Without considering the petitioner’s objection, the 4th respondent has visited the petitioner’s property once again on 21.09.2026 to conduct survey. Hence, the present writ petition has been filed.
3. Mr.B.Karthikeyan, learned Additional Government Pleader accepts notice on behalf of the respondents 1 to 4 and Mr.Durai Gunasekaran, learned Government’s Counsel accepts notice on behalf of the 5th respondent.
4. Learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that the pursuant to the order of this Court dated 23.04.2024, in W.P.No.10927 of 2024, the 4th respondent visited the subject property to conduct survey. He would further submit that the petitioner’s objection dated 09.09.2026 will be considered by the respondents 2 to 4.
5. Heard the learned counsel for the petitioner; learned Additional Government Pleader appearing for the respondents 1 to 4 and the learned Government’s Counsel appearing for the 5th respondent.
WP No. 39856 of 2026
6. Considering the submissions made by both parties, it is evident that the 6th respondent has obtained the order from this Court in W.P.No.10927 of 2024 for conducting survey in the subject property, by suppressing the fact that the petitioner is in possession of the subject property. Such being the case, respondents 2 to 4 are directed to verify as to whether the petitioner is in possession of the subject property. If the petitioner is found to be in possession of the subject property, the respondents 2 to 4 shall defer the survey and demarcation proceedings until the title of the subject property is decided by the competent Civil Court.
7. In view of the above, this writ petition is disposed of. No costs. 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rst
WP No. 39856 of 2026
To
1. The District Collector, Kallakurichi District.
2. The Revenue Divisional Officer, Kallakurichi District.
3. The Tahsildar, Chinnasalem Taluk, Chinnasalem, Kallakurichi District.
4. The Head Surveyor, Chinnasalem Taluk Office, Kallakurichi District.
5. The Inspector of Police, Chinnasalem Police Station, Kallakurichi District.
WP No. 39856 of 2026
KRISHNAN RAMASAMY J. rst WP No. 39856 of 2026 29-09-2026