Madras High Court

WP/22807/2026 of JAMES K VARKEY Vs The Tahsildar on 3 November 2026

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W.P.No.22807 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2026

CORAM

THE HON'BLE MR.JUSTICE K.SURENDER

W.P.No.22807 of 2026

CNR: {HCMA011282752026}

James K Varkey,

S/o.Varkey Varkey,

Karikilamthadathil House, Monippally Post, Kottayam, Kerala – 686 636.

..Petitioner(s)

Vs

1. The Tahsildar,

Taluk Office, Hosur,

Krishnagiri District.

2. The Head Surveyor,

Taluk Office, Hosur,

Krishnagiri District.

3. The Surveyor,

Kagganur Village,

Hosur Taluk, Krishnagiri District.

..Respondent(s)

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, to issue writ or order or direction more particularly in the nature of Writ of Mandamus directing the 3rd respondent to conduct survey the petitioner’s land in Survey No.90/4A2 with total extent of 16,660 Sq.ft situated at Kagganur Village, Hosur Taluk, Krishnagiri District on the basis of the petitioner’s representation/online petition dated 28.04.2026.

W.P.No.22807 of 2026

For Petitioner(s):

Mr.K.T.S.Sivakumar

For Respondent(s):

Mr.Vineeth.P.R,

Government Advocate

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ORDER

This Writ Petition has been filed to direct the 3rd respondent to conduct survey the petitioner’s land in Survey No.90/4A2 with total extent of 16,660 Sq.ft situated at Kagganur Village, Hosur Taluk, Krishnagiri District on the basis of the petitioner’s representation/online petition dated 28.04.2026.

2. The case of the petitioner is that his son purchased a vacant house site measuring 16,660 sq.ft. in Survey No.90/4A2 at Kagganur Village, Hosur Taluk, Krishnagiri District, vide registered Sale Deed dated 21.05.2020. Subsequently, the petitioner's son executed a Settlement Deed dated 18.02.2026 in favour of the petitioner. The petitioner applied to the respondents for surveying and demarcating the said property on 28.04.2026, paid the requisite fee of Rs.800/- and obtained acknowledgment bearing Petition No.2026/0123/31/002453. However, the 3rd respondent failed to conduct the survey despite the petitioner's repeated requests. Hence, the present writ petition.

W.P.No.22807 of 2026

3. The learned Government Advocate appearing for the respondents would submit that if a specific time frame is fixed by this Court, the 1st respondent will consider the petitioner’s representation and pass appropriate orders on its own merits in accordance with law.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

5. Without going into the merits of the property claims made by either side, this Court deems it appropriate to dispose of the matter by directing the 1 st respondent to entertain the petitioner's online Application No.2026/0123/31/002453, dated 28.04.2026 and conduct a fresh, field survey and boundary demarcation of the petitioner’s land, which is the subject property herein. The 1st respondent shall direct the 3rd respondent to measure the property strictly in accordance with the relevant Field Measurement Book (FMB) sketches, revenue records and the parental title deeds of the parties. The 1st respondent is directed to issue notice to the petitioner as well as any other counter-claimants or adjacent land-owners, fixing the exact date and time for the physical inspection and measurement. The petitioner and any other counter- claimants or adjacent land-owners respondent shall be given a fair and full opportunity to place their objections, representations, and title documents before the surveying authority at the time of inquiry.

W.P.No.22807 of 2026

6. The entire exercise, including the physical measurement of the property, the fixation of boundary stones, and the passing of a reasoned final operational order on the petitioner's application, shall be completed by the 1st respondent within a period of eight weeks from the date of receipt of a copy of this order.

7. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioner. If there is any dispute relating to the title or inter-se civil rights over the property, the parties are at liberty to approach the competent Civil Court for appropriate relief. With the above directions, this writ petition is disposed of. No costs. 03.11.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vv2 To

1. The Tahsildar, Taluk Office, Hosur, Krishnagiri District.

2. The Head Surveyor, Taluk Office, Hosur, Krishnagiri District.

3. The Surveyor, Kagganur Village, Hosur Taluk, Krishnagiri District.

W.P.No.22807 of 2026

K.SURENDER, J. vv2 W.P.No.22807 of 2026 03.11.2026

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