S.Alagar vs The Tahisildar,

Court
Madras High Court

WP Crl.(MD) No. 6030 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05-11-2026
CORAM
THE HON'BLE MRS. JUSTICE K. GOVINDARAJAN
THILAKAVADI
WP Crl.(MD) No. 6030 of 2026
CNR:{HCMD011406542026}
S.Alagar ..Petitioner(s)
Vs
1. The Tahisildar,
Manapparai Taluk,
Manapparai,
Trichy District
2. The Superintendent of Police,
Office of the Superintendent of Police,
Trichy District
3. The Inspector of Police,
Manapparai Police Station,
Manapparai, Trichy District
4. Subramanian
5. Sakthivel
6. Perumal
7. The Taluk Surveyor,
Manapparai Taluk,
Tiruchirappalli District. ..Respondent(s)
[R7 is suo-motu impleaded vide order dated 05.11.2026]
PRAYER: Writ Petition filed under Article 226 of the Constitution of
st nd
India, to issue a Writ of Mandamus, directing the 1 and 2 respondents
to conduct survey and demarcate property in comprising survey No.128-
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WP Crl.(MD) No. 6030 of 2026
2B in extent 0.26.0129-3C in extnt 0.48.0, separate Patta No.206 and
Joint Patta No.866 in comprising survey No.120-6B in extent 0.14.0 and
7A in extent 0.12.0, in located at Sampatti Village, Manapparai Taluk,
Tiruchirappalli District in and considering the petititioner’s representation
on 30.01.2026 along with the fourth respondent’s adequate police
protection and more particularly within time frame as fixed by this Court.
For Petitioner(s) : Mr.P.Balasubramanian
For Respondent(s) : Mr.A.Sivasubramanian
Additional Government Pleader
for R1 & R7
Mr.D.Rajaboopathy
Government Advocate (Crl. Side)
for R2 & R3
ORDER
Since the Taluk Surveyor, Manapparai Taluk, Tiruchirappalli
District, is a necessary party for the effective adjudication of this writ
petition, the said official is suo motu impleaded as the seventh respondent
herein.
2. This writ petition has been filed seeking a direction to the
respondents 1 and 2 to conduct a survey and demarcate the petitioner's
property comprised in Survey Nos.122/2B, measuring 0.26.0 acres, and
129/3C, measuring 0.48.0 acres, covered under Separate Patta No.206,
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WP Crl.(MD) No. 6030 of 2026
and Survey Nos.120/6B, measuring 0.14.0 acres, and 120/7A, measuring
0.12.0 acres, covered under Joint Patta No.866, situated at Sampatti
Village, Manapparai Taluk, Tiruchirappalli District, by considering the
petitioner's representation dated 30.01.2026, with adequate police
protection, within a time frame to be fixed by this Court.
3. Mr.A.Sivasubramanian, learned Additional Government Pleader
accepts notice for the respondents 1 and 7 and Mr.D.Rajaboopathy,
learned Government Advocate (Crl.) accepts notice for the respondents 2
and 3. Considering the nature of the order proposed to be passed in this
writ petition, notice to the respondents 4 to 6 is dispensed with.
4. By consent of both parties, this writ petition is taken up for final
disposal at the time of admission itself.
5. The learned counsel for the petitioner submitted that the
petitioner’s father, Sangan, his brother, Veeran, and Ponnu Sangan had
partitioned their properties equally and were enjoying separate possession
under Patta No.206, comprising Survey Nos.122/2B (0.26 acres) and
129/3C (0.45 acres). They also jointly owned properties under Patta
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WP Crl.(MD) No. 6030 of 2026
No.866, comprising Survey Nos.120/6B (0.14 acres) and 120/7A (0.12
acres), along with respondents 4 to 6, situated at Thirumalaiyanpatti,
Sampatty Village, Manapparai Taluk, Tiruchirappalli District. The
petitioner alleged that the respondents 4 to 6 were attempting to encroach
upon his property and disturb his peaceful possession. In this regard, the
petitioner’s wife lodged a complaint, which was registered as CSR
No.581 of 2015. Subsequently, due to the property dispute, the
respondents 4 to 6 allegedly attacked the petitioner and his wife, Sarasu.
A criminal case was registered in Crime No.591 of 2016, and a charge
sheet was filed against the petitioner in S.C. No.113 of 2018 before the
Subordinate Court, Manapparai. The petitioner was acquitted in the said
case on 28.03.2025. The petitioner further alleged that the respondents 4
to 6 had trespassed into his property on 01.07.2023. Despite his
representations dated 28.06.2023 and online complaint No.HH52311563
dated 27.06.2023, the respondents 1 to 3 failed to take appropriate action.
Again, on 15.12.2025, respondents 4 to 6 allegedly trespassed into his
property, cut and removed valuable trees without permission, and
threatened his life. In this regard, he submitted another online complaint
bearing No.MHA25619266 to respondents 2 and 3 and a representation to
the first respondent through registered post. During the enquiry, the third
respondent advised the petitioner to seek demarcation of the separate and
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WP Crl.(MD) No. 6030 of 2026
joint patta lands through the revenue authorities. Accordingly, the
petitioner paid a survey fee of Rs.3,260/- online on 30.01.2026, vide
receipt No.2026/0123/15/000459. However, the respondents 1 and 2
failed to conduct the survey and demarcate the property. Hence, alleging
inaction on the part of the official respondents and apprehending further
encroachment by the respondents 4 to 6, the petitioner has approached
this Court seeking appropriate relief.
5. The learned Additional Government Pleader appearing for the
respondents 1 and 7 and the learned Government Advocate (Crl.)
appearing on behalf of the respondents 2 and 3, on instructions, submit
that the representation submitted by the petitioner would be considered
on its own merits within the time to be stipulated by this Court.
6. Considering the facts and circumstances of the case, this Court,
without expressing any opinion on the merits of the matter, disposes of
the writ petition with the following directions:
(I) The petitioner is directed to submit all the relevant
documents, along with the receipt evidencing payment of the
survey fees, to the seventh respondent.
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WP Crl.(MD) No. 6030 of 2026
(II) Upon receipt of the said documents, the seventh respondent
shall conduct a survey and demarcate the disputed property after
issuing notice to the petitioner, the adjoining landowners and all
other interested persons, including respondents 4 to 6.
(III) In the event of any objection or threat during the survey,
the third respondent shall provide adequate police assistance and
protection to the seventh respondent.
(IV) The third and seventh respondents shall not adjudicate
upon the title or civil rights of the parties.
(V) If the jurisdictional authority finds that the objections raised
are baseless, such objections shall be overruled and the objectors
shall be duly informed. However, the survey shall be conducted
only after the expiry of six weeks from the date of issuance of
notice, thereby enabling the objectors to approach the competent
civil Court and obtain an order of injunction, if so advised. If no
injunction order is obtained before the proposed date of survey,
the survey may proceed.
(VI) The parties are at liberty to submit their respective memos
of instructions to the surveyor at the time of conducting the
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WP Crl.(MD) No. 6030 of 2026
survey. Though such instructions shall not be binding on the
surveyor, they shall be duly taken into consideration.
(VII) If the jurisdictional authority finds that the objections
raised have merit, the applicants shall be directed to approach the
competent civil Court for adjudication of their respective rights.
(VIII) Since the writ petition has been filed seeking police
protection for conducting the survey, the respondent police shall,
if necessary, provide adequate police protection upon payment of
the prescribed charges in accordance with G.O.Ms.No.139, Home
(Pol-VIII) Department, dated 04.03.2019.
(IX) The seventh respondent shall complete the survey and
demarcation proceedings within a period of six weeks from the
expiry of the notice period stipulated in Clause (V).
(X) A copy of the survey report, along with the survey sketch,
shall be furnished to all the parties.
7. Accordingly, this Writ Petition is disposed of in the above terms.
05-11-2026
Index: Yes/No
Neutral Citation: Yes/No
sji
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WP Crl.(MD) No. 6030 of 2026
K.GOVINDARAJAN THILAKAVADI, J.
sji
To
1. The Superintendent of Police
Office of the Superintendent of Police
Trichy District
2. The Inspector of Police
Manapparai Police Station
Manapparai, Trichy District
3. The Taluk Surveyor,
Manapparai Taluk,
Tiruchirappalli District
4. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai
WP Crl.(MD) No. 6030 of 2026
05-11-2026
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