Madras High CourtProperty and Real Estate LawAdministrative and Public Law

A competing ownership claim does not bar statutory survey proceedings after notice and hearing.

Padmavathiv.The Superintendent of Police

A competing ownership claim does not bar statutory survey proceedings after notice and hearing.. Padmavathi vs The Superintendent of Police. Madras High Court. LawLens
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In brief

The question

Whether the fifth respondent should entertain and decide the petitioner’s survey application despite the private respondents’ competing claim to the lands and pending revenue proceedings.

The court held

The Court allowed the writ petition and directed the fifth respondent to entertain and decide the petitioner’s application dated 9 January 2026 on its merits and in accordance with law within twelve weeks of receiving the order, after hearing the petitioner, respondents 6 to 25 and any other interested persons.

It also directed

The fifth respondent may seek jurisdictional police assistance at the petitioner’s cost if required.

The Court clarified that the proceedings would not confer a right to possession if the property was in the hands of third parties; there was no order as to costs.

01Facts

The petitioner sought a survey and demarcation of approximately 33.21 acres of punja land in specified survey fields at Neivasal Village, based on her application dated 9 January 2026.

p. 3

Respondents 9 to 25 were impleaded; they claimed the lands belonged to them and stated that proceedings concerning the petitioner’s patta were pending before the Revenue Divisional Officer.

p. 4

The petitioner sought a direction to the revenue authorities to conduct the survey, with police protection.

pp. 2–3

02Issues

i.Whether the fifth respondent should entertain and decide the petitioner’s survey application despite the private respondents’ competing claim to the lands and pending revenue proceedings.

pp. 4–5

ii.Whether police assistance could be sought for conducting the survey, and whether survey proceedings could confer a right to possession.

p. 5

03Law Applied

Under Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923, the competent survey authority may proceed with a survey after giving notice to interested persons and hearing them; objections are to be enquired into and findings recorded.

p. 4

An appeal against the authority’s decision is available under Section 11.

p. 4

Survey proceedings do not, by themselves, confer a right to possession where the property is in the hands of third parties.

p. 5

Provisions in the judgment · 3 · Linked ones open on LawLens

TAMIL NADU SURVEY AND BOUNDARIES ACT, 1923 Section 11Section 9Section 10

04Reasoning

The Court held that competing claims to the land and pending proceedings concerning the petitioner’s patta did not, by themselves, prevent the survey authority from considering the application.

pp. 4–5

The fifth respondent was required to follow the statutory process, issue notice to the petitioner, private respondents and other interested persons, and deal with any objections through an enquiry and findings under Sections 9 and 10.

pp. 4–5

If police assistance was required, the authority could seek it at the petitioner’s cost; any survey or related proceedings would not determine or confer possession.

p. 5

05Holding

The Court allowed the writ petition and directed the fifth respondent to entertain and decide the petitioner’s application dated 9 January 2026 on its merits and in accordance with law within twelve weeks of receiving the order, after hearing the petitioner, respondents 6 to 25 and any other interested persons.

p. 5

The fifth respondent may seek jurisdictional police assistance at the petitioner’s cost if required.

p. 5

The Court clarified that the proceedings would not confer a right to possession if the property was in the hands of third parties; there was no order as to costs.

p. 5
Madras High Court

Original Court PDF

PadmavathivsThe Superintendent of Police

Madras High Court · October 14, 2026

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