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P.Balu v. The Tahsildar

Madras HC23 Jun 2026WP/23538/2026

Case brief

AI extract

What is this about?

Madras High Court; WP No. 23538 of 2026; Krishnan Ramasamy J.; 23-06-2026; writ of mandamus; Article 226 of the Constitution of India; consideration of representation dated 15.05.2026; survey of Survey No.265/3A, Ammampalayam Village, Athur Taluk, Salem District; Tahsildar, Head Surveyor and Village Administrative Officer as respondents; direction to conduct survey and lay boundary stones within eight weeks after prior notice; possession disputes reserved to competent Civil Court; writ disposed of; no costs.

What did the court decide?

Direction to respondents 1 and 2 to consider the petitioner's representation dated 15.05.2026, conduct the survey, lay boundary stones and complete the process after prior notice to the petitioner and other aggrieved parties, within eight weeks from receipt of a copy of the order; writ petition disposed of with no costs.

P.Balu Vs The Tahsildar — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should consider the petitioner's representation dated 15.05.2026 and conduct a survey of the property in Survey No.265/3A, Ammampalayam Village, Athur Taluk, Salem District. +1 more

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Court's answer

Without expressing any opinion on the merits of the case, the Court directed respondents 1 and 2 to consider the petitioner's representation dated 15.05.2026 and carry out a survey.

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Ratio / Principle

The survey process is to be completed after giving prior notice to the petitioner and other aggrieved parties, if any, within a period of eight (8) weeks from the date of receipt of a copy of the order.

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Key takeaways

The order is passed only for the purpose of issuing a direction to the official respondent to conduct a survey and lay boundary stones at the subject land.ratio¶29
Any dispute arising regarding possession of the subject property is to be decided by filing a suit before the competent Civil Court, and is not resolved by this survey direction.ratio¶29

Detailed headnote1 paragraphs

Madras High Court, Krishnan Ramasamy J., 23-06-2026 (WP No. 23538 of 2026, filed under Article 226 of the Constitution of India): writ of mandamus sought for consideration of the petitioner's representation dated 15.05.2026 seeking survey of Survey No.265/3A, Ammampalayam Village, Athur Taluk, Salem District. Without expressing any opinion on merits, respondents 1 and 2 (Tahsildar and Head Surveyor, Attur) were directed to consider the representation, carry out the survey and lay boundary stones after prior notice to the petitioner and other aggrieved parties, completing the process within eight (8) weeks from receipt of a copy of the order. The Court clarified that the order serves only to direct a survey and laying of boundary stones; any dispute over possession must be decided by suit before the competent Civil Court. Writ disposed of, no costs.

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WP No. 23538 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23-06-2026

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CORAM

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THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 23538 of 2026

P.Balu

..Petitioner(s)

The Tahsildar, O/o The Tahsildar, kadaiveedhi, Attur, Salem district.

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The Head Surveyor, O/o The Tahsildar, kadaiveedhi, Attur, Salem District.

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The Village Maladministration officer, O/o Village Administrative officer, Ammampaalayam Village, Athur Taluk, Salem District.

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..Respondent(s)

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Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to survey the property in respect of the property in Survey No.265/3A, Ammampalayam Village, Athur Taluk, Salem District based on the petitioner’s representation dated 15.05.2026.

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For Petitioner(s): Mr.R.Muruga Bharathi For Respondent(s): Mr.M.Guruprasad, Govt Counsel

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Page1 of 4

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https://www.mhc.tn.gov.in/judis

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WP No. 23538 of 2026

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ORDER

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This Writ Petition has been filed to direct the respondents to consider the petitioner’s representation dated 15.05.2026.

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Learned counsel for the petitioner would submit that the petitioner has

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made a representation dated 15.05.2026 to conduct survey in respect of the property in Survey No.265/3A, Ammampalayam Village, Athur Taluk, Salem District. However, the same was not considered, as on date. Hence, this writ petition.

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Mr.M.Guru Prasad, learned Government’s Counsel accepts notice on behalf of the respondents and submitted that the petitioner’s representation dated 15.05.2026 will be considered within a period of eight weeks.

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Heard the learned counsel on either side and perused the materials available on record.

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Considering the limited relief sought by the learned counsel for the petitioner, this Court without expressing any opinion on the merits of the case, directs the respondents 1 & 2 to consider the petitioner's representation dated 15.05.2026 and carry out a survey and complete the process, after giving prior

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Page2 of 4

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https://www.mhc.tn.gov.in/judis

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WP No. 23538 of 2026

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notice to the petitioner and other aggrieved parties, if any, within a period of eight (8) weeks from the date of receipt of a copy of this order.

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It is made clear that this order is passed only for the purpose of issuing a direction to the official respondent to conduct a survey and lay boundary stones at the subject land. In the event any dispute arises regarding the possession of the subject property, the same has to be decided by way of filing a suit before the competent Civil Court.

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