SASIKALA vs THE DISTRICT COLLECTOR

Court
Madras High Court

WP No. 41521 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.10.2026
CORAM
THE HON'BLE MR.JUSTICE K.SURENDER
W.P.No.41521 of 2026
CNR: {HCMA012379382026}
Sasikala, Female aged about 43 years,
W/o.Chinnasamy,
No.58 Iyyappan Koil backside,
West Vellur Post,
Neyveli- 607 802
Cuddalore District.
..Petitioner(s)
Vs
1. The District Collector,
O/o.The District Collector,
Salem District,
Salem.
2. The Revenue Divisional Officer
Attur,
Salem District.
3. The Tahsildar,
Thalaivasal Taluk Office,
Thalaivasal Taluk,
Salem District.
4. The Inspector of Police,
Thalaivasal Police Station,
Salem District.
5. Krishnan @ Krishnasamy,
S/o.Chellamuthu Chetty,
Chitheri Village,
Thalaivasal Taluk,
Salem District.
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WP No. 41521 of 2026
6. Saradha,
W/o.Krishnan @ Krishnasamy,
Chitheri Village,
Thalaivasal Taluk,
Salem District.
..Respondent(s)
PRAYER: Writ Petition is filed under Article 226 of Constitution of India, to
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issue a writ of mandamus directing the 3 respondent to survey the properties
which is properties situated in 77/6D, 77/7C and 77/E to the extent of 99.5 cents
of Chitheri Village, Thalaivasal Taluk, Salem District based on the
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representation dated 05.06.2026 with the aid of the 4 respondent Police within
stipulated time.
For Petitioner(s): Mr.M.Senthilkumar
For Respondent(s): Ms.A.Bakkiya Lakshmi,
Additional Government Pleader for R1 to R3
ORDER
This Writ Petition has been filed seeking a direction to the 3rd respondent
to survey the subject properties measuring 99.5 cents, comprised in Survey
Nos.77/6D, 77/7C and 77/E, situated at Chitheri Village, Thalaivasal Taluk,
Salem District, based on the petitioner's representation dated 05.06.2026, with
the assistance of the 4th respondent Police, within a stipulated time.
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WP No. 41521 of 2026
2.The case of the petitioner is that the petitioner’s father, Rayappan,
acquired subject properties measuring 99.5 cents in Survey Nos.77/6D, 77/7C
and 77/E, situated at Chitheri Village, Thalaivasal Taluk, Salem District, under
a partition deed registered as Document No.075/1989 dated 02.11.1989 before
the Sub-Registrar, Thalaivasal. Pursuant to the said partition, the petitioner
claims to be the absolute owner of the properties and states that she and her
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family members are in possession and enjoyment of the same. While so, the 5
respondent, who is a relative of the petitioner's father, along with his wife
Saradha and their relatives, allegedly obstructed the survey of the properties,
despite the petitioner having obtained patta. In this regard, the petitioner made
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an online application on 24.04.2026 before the 3 respondent seeking a survey
of the subject properties with Police protection and subsequently submitted a
representation dated 05.06.2026 to the respondents. Since no action was taken
on the said representation, the petitioner has filed the present writ petition
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seeking direction to the 3 respondent to survey the subject properties based on
her representation dated 05.06.2026.
3.The learned Additional Government Pleader appearing for the
respondents 1 to 3 would submit that if a specific time frame is fixed by this
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Court, the 3 respondent will consider the petitioner’s representation dated
05.06.2026 and pass appropriate orders on its own merits in accordance with
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WP No. 41521 of 2026
law.
4.Heard the learned counsel appearing for the petitioner and the learned
Additional Government Pleader Pleader appearing for the respondents 1 to 3.
5.In view of the limited nature of the order proposed to be passed and the
relief sought, notice to the respondents 5 & 6 is dispensed with, and this Writ
Petition is taken up for final disposal at the admission stage itself.
6.Without going into the merits of the property claims made by either
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side, this Court deems it appropriate to dispose of the matter by directing the 3
respondent to consider the petitioner’s representation dated 05.06.2026 and
conduct a fresh, field survey and boundary demarcation of the petitioner’s land,
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which is the subject property herein. The 3 respondent shall direct the
concerned Surveyor to measure the property strictly in accordance with the
relevant Field Measurement Book (FMB) sketches, revenue records and the
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parental title deeds of the parties. The 3 respondent is directed to issue notice
to the petitioner as well as to the respondents 5 and 6 and any other counter-
claimants or adjacent land-owners, fixing the exact date and time for the
physical inspection and measurement. Both the petitioner and the respondents 5
and 6 shall be given a fair and full opportunity to place their objections,
representations, and title documents before the surveying authority at the time
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WP No. 41521 of 2026
of inquiry.
7.The entire exercise, including the physical measurement of the
property, the fixation of boundary stones, and the passing of a reasoned final
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operational order on the petitioner's application, shall be completed by the 3
respondent within a period of eight weeks from the date of receipt of a copy of
this order.
8.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.
15.10.2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
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WP No. 41521 of 2026
To
1. The District Collector
O/o. The District Collector,
Salem District,
Salem.
2. The Revenue Divisional officer
Attur,
Salem District.
3. The Tahsildar,
Thalaivasal Taluk Office,
Thalaivasal Taluk,
Salem District.
4. The Inspector of Police,
Thalaivasal Police Station,
Salem District.
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WP No. 41521 of 2026
K.SURENDER, J.
vv2
W.P.No.41521 of 2026
15.10.2026
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