G.Gouthamraj Vs the District Collector

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus directing the 3rd Respondent herein to survey and demarcate the boundaries of the petitioners lands in Survey Numbers 255/1 and 256/1 situated at Kadayampatti Village, Kadayampatti Taluk, Salem District as per the Field Measurement Application No.2025/0123/08/13492 dated 07.10.2025 filed by the petitioner herein and if the situation so necessitates, obtain official protection during the process of surveying the petitioners lands.

¶24

Page2 of 7

¶25

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

¶26

WP No. 24186 of 2026

¶27

For Petitioner(s): MrK.Vikram for M/s.Krish Legal Associates For Respondent(s): Mr.B.Pachaiyappan, Government Counsel for R1 to R4

¶28

Order

¶29

This Writ Petition has been filed seeking a direction to the 3rd respondent to survey and demarcate the boundaries of the petitioner’s lands in accordance with the Field Measurement Application dated 07.10.2025 submitted by the petitioner.

¶30

The learned counsel for the petitioner submitted that the petitioner is the absolute owner of the property comprised in S.F. Nos. 255/1 and 256/1, measuring an extent of 5.9 acres, situated at Sundakkapatti, Kadayampatti Village (South), Kadayampatti Taluk, Salem District, having acquired the same by way of succession. The possession and enjoyment of the respective portions were amicably allotted under a family arrangement. Further, the petitioner’s father had independently purchased a pathway to provide access to the subject property under a registered Sale Deed. While things stood thus, the private respondents, who are the legal heirs of the petitioner's paternal uncle, raised a dispute with respect to the said pathway, thereby preventing free ingress and egress to the subject property.

¶31

Page3 of 7

¶32

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

¶33

WP No. 24186 of 2026

¶34

Hence, the petitioner submitted an application dated 07.10.2025 to the

¶35

3rd respondent/Tahsildar seeking a survey and demarcation of the subject property. Pursuant to the said application, while the survey proceedings were underway, the private respondents unlawfully obstructed the process. Therefore, the petitioner has approached this Court seeking a direction to the 3rd respondent to survey, measure, and demarcate the lands with necessary police assistance

¶36

Mr.B.Pachaiyappan, learned Government’s Counsel, who accepts notice on behalf of the respondents 1 to 4 would submit that the petitioner’s land will be surveyed and demarcated based on his application dated 07.10.2025, within a time frame to be fixed by this Court.

¶37

Heard the learned counsel for the petitioner as well as the learned Government’s Counsel appearing for the respondents 1 to 4. Since no adverse orders are being passed against the private respondents 5 to 9, notice to them are not necessary.

¶38

6.Considering the submissions made by both parties and in view of the limited prayer sought for in this writ petition, this Court without expressing any opinion on the merits of the case, directs the 3^rd respondent to consider the petitioner’s application dated 07.10.2025 and conduct a survey and demarcate

¶39

Page4 of 7

¶40

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

¶41

WP No. 24186 of 2026

¶42

the subject properties, within a period of eight (8) weeks from the date of receipt of a copy of this order, after issuing prior notice and affording an opportunity of personal hearing to the petitioner and other parties concerned including the respondents 5 to 9. If any need arises for Police assistance, it is open to the respondents 1 to 4 to request for Police protection from the jurisdictional Police. If any such request is made, the jurisdictional Police is directed to provide an adequate Police protection for conducting the survey.

¶43

7.In the event of any dispute regarding possession, the official respondents shall not adjudicate upon the question of title. The petitioner and the concerned parties are at liberty to approach the competent Civil Court for recovery of possession and for appropriate reliefs in accordance with law. The official respondents shall not involve themselves in such proceedings or take any action affecting the rights of the parties unless specifically directed by the competent Civil Court.

¶44

8.With the above direction, this writ petition is disposed of. No costs.

¶45

24-06-2026

¶46

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

¶47

SK

¶48

__________ Page5 of 7

¶49

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