Facts
The petitioner claimed ownership of 2,204 sq. ft. in Old Survey No. 838 and New Survey No. 90/1 at Thirumullaivoyal Village, acquired by sale deed dated 30 March 2012. He alleged that the fifth respondent was attempting to trespass on the property by relying on forged documents.
Source reference: p. 2–3After submitting an online application for a survey and boundary demarcation on 11 June 2026, and receiving no response, the petitioner sought relief under Article 226 of the Constitution.
Source reference: p. 2–3The State’s counsel submitted that the application would be considered if the Court fixed a time limit.
Source reference: p. 3Issues
Whether the Tahsildar should be directed to consider the petitioner’s survey application and arrange a survey and boundary demarcation of the property.
Source reference: p. 2–4Whether such directions could be issued without determining the parties’ competing claims to title or civil rights.
Source reference: p. 4–5Law Applied
The petition invoked the High Court’s jurisdiction under Article 226 of the Constitution.
Source reference: p. 2The Court applied the principles that a survey and boundary demarcation should be conducted by the competent revenue authority with reference to relevant Field Measurement Book (FMB) sketches, revenue records, and the parties’ parental title deeds; affected parties should receive notice and an opportunity to present objections and documents; and administrative survey proceedings do not determine title or inter se civil rights, which remain for the competent Civil Court.
Source reference: p. 4–5Reasoning
Given the limited relief sought and the State’s undertaking that the application would be considered within a Court-fixed timeframe, the Court directed the third respondent to entertain the application and arrange a fresh field survey through the fourth respondent.
Source reference: p. 3–4To ensure a fair and record-based process, it required notice to the petitioner, the fifth respondent, and any other counter-claimants or adjacent landowners, and an opportunity for them to submit objections and title documents. The survey was to follow the relevant FMB sketches, revenue records, and parental title deeds. The Court expressly left the merits of title and civil rights undecided.
Source reference: p. 4–5Holding
The writ petition was disposed of with a direction to the third respondent to process Online Application No. 2026/0178/01/000315, conduct the survey and demarcation, fix boundary stones, and issue a reasoned final operational order within ten weeks of receiving a copy of the order.
The Court expressed no opinion on the petitioner’s title claims and left the parties free to approach the competent Civil Court regarding title or inter se civil rights. No costs were awarded, and the connected miscellaneous petition was closed.
Source reference: p. 5Original Court PDF
R.SAMUELvsThe Inspector General of Registration
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