Nanjappan vs The Tahsildar,
- Court
- Madras High Court
W.P.No.44484 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2026
CORAM
THE HON'BLE MR.JUSTICE K. SURENDER
W.P.No.44484 of 2026
CNR: {HCMA012500802026}
Nanjappan,
S/o.Muniyan,
Kilapparai Village,
Harur Taluk,
Dharmapuri District.
..Petitioner(s)
Vs
1. The Tahsildar,
Harur Taluk, Dharmapuri District.
2. The Taluk Surveyor,
Harur Taluk, Dharmapuri District.
3. The Inspector of Police,
Harur Police Station,
Dharmapuri District.
..Respondent(s)
PRAYER: Writ Petition is filed under Article 226 of Constitution of India, to
issue a Writ of Mandamus, directing the respondents to consider the petitioner’s
application bearing No.2026/0123/05/018523 dated 15.05.2026 and
No.2026/0123/05/018274 dated 05.05.2026 and to conduct the survey and
measurement of the land comprised in Survey Nos.65/4, 65/5 and 67/2A
measuring an extent of 36.50 ares situated at Kilapparai Village, Harur Taluk,
rd
Dharmapuri District with the aid of the 3 respondent and demarcate the
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W.P.No.44484 of 2026
boundaries thereof.
For Petitioner(s): Mr.K.Balakrishnan
For Respondent(s): Mr.Bhagavath Krishnan.P.M.N,
Additional Government Pleader for R1 & R2 and
Mr.Durai Gunasekaran,
Government Advocate (Criminal Side) for R3
ORDER
This Writ Petition has been filed seeking a direction to the respondents to
consider the petitioner's applications bearing Nos.2026/0123/05/018523, dated
15.05.2026, and 2026/0123/05/018274, dated 05.05.2026, and consequently
conduct a survey and measurement of the lands comprised in Survey Nos.65/4,
65/5 and 67/2A, measuring a total extent of 36.50 Ares, situated at Kilapparai
rd
Village, Harur Taluk, Dharmapuri District, with the assistance of the 3
respondent Police, and demarcate the boundaries thereof.
2.The case of the petitioner is that he is the absolute owner of the lands
comprised in Survey Nos.65/4 and 65/5, measuring an extent of 0.41 acres and
0.43 acres respectively, situated at Kilapparaj Village, Harur Taluk, Dharmapuri
District, having purchased the same under registered Sale Deeds dated
06.09.1999 and 29.12.2000, registered as Document Nos.2403 of 1999 and
3161 of 2000 respectively. The pattas in respect of the said lands also stand in
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W.P.No.44484 of 2026
his name. The petitioner's wife, Mrs.Vediyammal, is the absolute owner of the
land comprised in Survey No.67/2A, measuring an extent of 0.6 acres, having
acquired the same under a registered Partition Deed dated 17.02.2023,
registered as Document No.1049 of 2023, and the patta also stands in her name.
The petitioner further submits that he and his wife are in peaceful possession
and enjoyment of the aforesaid properties. In order to survey and demarcate the
boundaries of the said properties, the petitioner submitted an application bearing
No.2026/0123/05/018523, dated 15.05.2026, in respect of Survey No.65/4,
upon payment of the prescribed fee of Rs.860/-, and another application bearing
No.2026/0123/05/018274, dated 05.05.2026, in respect of Survey Nos.65/5 and
67/2A, upon payment of the prescribed fee of Rs.1,660/-, along with the
necessary supporting documents. However, despite the submission of the
applications and payment of the requisite fees, the respondents have failed to
conduct the survey and demarcate the boundaries of the properties. Hence, the
petitioner has approached this Court seeking a direction to the respondents to
consider the aforesaid applications, conduct a survey and demarcate the
boundaries of the properties with the assistance of the third respondent, if
required, within a stipulated time.
3.The learned counsel appearing for the petitioner would submit that the
petitioner is the absolute owner of the lands comprised in Survey Nos.65/4 and
65/5, and that his wife is the absolute owner of the land comprised in Survey
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W.P.No.44484 of 2026
No.67/2A. It is further submitted that the pattas in respect of the aforesaid
properties stand in their respective names and that they are in peaceful
possession and enjoyment of the same. Though the petitioner has submitted
applications dated 15.05.2026 and 05.05.2026, along with the requisite fees and
necessary documents, seeking survey and demarcation of the properties, the
respondents have failed to take any action on the same. Hence, the learned
counsel sought a direction to the respondents to consider the petitioner's
applications, conduct a survey and demarcate the boundaries of the aforesaid
properties, with the assistance of the third respondent, if required, within a time
frame to be fixed by this Court.
4.The learned Additional Government Pleader appearing for the
respondents 1 and 2 would submit that if a specific time frame is fixed by this
st
Court, the 1 respondent will consider the petitioner’s representation and pass
appropriate orders on its own merits in accordance with law.
5.Heard the learned counsel appearing for the petitioner, the learned
Additional Government Pleader appearing for the respondents 1 and 2 and the
rd
learned Government Advocate (Criminal Side) appearing for the 3 respondent.
6.Without going into the merits of the property claims made by either
st
side, this Court deems it appropriate to dispose of the matter by directing the 1
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respondent to entertain the petitioner's application bearing
No.2026/0123/05/018523, dated 15.05.2026 and another application bearing
No.2026/0123/05/018274, dated 05.05.2026 and conduct a fresh, field survey
and boundary demarcation of the petitioner’s land, which is the subject property
st nd
herein. The 1 respondent shall direct the 2 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
st
1 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. Both the petitioner and as well as any
other counter-claimants or adjacent land-owners 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.
7.The entire exercise, including the physical measurement of the
property, the fixation of boundary stones, and the passing of a reasoned final
st
operational order on the petitioner's application, shall be completed by the 1
respondent within a period of ten 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
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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.
04.11.2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
vv2
To
1. The Tahsildar,
Harur Taluk, Dharmapuri District.
2. The Taluk Surveyor,
Harur Taluk, Dharmapuri District.
3. The Inspector of Police,
Harur Police Station,
Dharmapuri District.
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W.P.No.44484 of 2026
K.SURENDER, J.
vv2
W.P.No.44484 of 2026
04.11.2026
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