Thangavel Vs the District Collector — Writ and Judicial Review | Madras HC (2026)

Thangavel Vs the District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to respondents 2 and 3 to consider the petitioner's application dated 29.08.2025 and conduct survey and demarcation of Survey No.457/3B within six weeks, after prior notice, with adequate police protection if requested; no costs.

Issue for consideration

Whether respondents 2 and 3 should be directed to consider the petitioner's application dated 29.08.2025 and measure/survey and demarcate the lands in Survey No.457/3B of Kannappalli Village, Anthiyur Taluk, Erode District, and lay the necessary boundary stones within a stipulated time fixed by the Court.

Court's answer

Without expressing any opinion on the merits, the Court directed respondents 2 and 3 to consider the petitioner's application dated 29.08.2025 and conduct a survey and demarcate the subject properties within six (6) weeks from the date of receipt of a copy of the order, after issuing prior notice to the petitioner and other parties concerned, if any.

Ratio / Principle

If the respondents 2 and 3 require police assistance for conducting the survey, they may request police protection from the jurisdictional Police, and on any such request the jurisdictional Police is directed to provide adequate police protection for conducting the survey.

Key takeaways

The order was made clear to have been passed solely for directing the survey and demarcation of the subject property; any dispute regarding possession must be resolved by filing a suit before a competent Civil Court, and in the event of a title dispute the official respondents shall not take possession of the property or hand it over to any party, recovery of possession being left to due process of law.ratio¶28

Detailed headnote1 paragraphs

High Court of Judicature at Madras (Krishnan Ramasamy, J.), WP No. 24248 of 2026, decided 24-06-2026: A writ petition under Article 226 seeking mandamus to direct the Tashildar, Anthiyur Taluk and the Taluk Surveyor to measure the lands in Survey No.457/3B, Kannappalli Village, Anthiyur Taluk, Erode District and lay boundary stones was disposed of without expressing any opinion on the merits. Respondents 2 and 3 were directed to consider the petitioner's application dated 29.08.2025 and conduct a survey and demarcate the subject properties within six (6) weeks from receipt of a copy of the order, after prior notice to the petitioner and other parties concerned; on request, the jurisdictional Police is to provide adequate protection for the survey. The Court clarified that the order was solely for survey/demarcation purposes; possession disputes must go to a competent Civil Court, and in a title dispute the official respondents shall not take possession of the property or hand it over to any party. No costs imposed.

WP No. 24248 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 24248 of 2026

Thangavel .. Petitioner

Vs

The District Collector, Erode District, Erode.

The Tashildar Anthiyur Taluk, Anthiyur, Erode District.

The Taluk Surveyor, Survey Section, Anthiyur Taluk, Anthiyur, Erode District. .. Respondents

PRAYER:- Writ petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, to direct the respondents 2 and 3 herein to measure the lands comprised in Survey No.457/3B of Kannappalli Village, Anthiyur Taluk, Erode District and lay the necessary boundary stones within a stipulated time fixed by this Court.

For Petitioner : Mr.S.Lakshmanasamy For Respondents : Mr.M.Guruprasad Government's Counsel

ORDER

This writ petition has been filed seeking to direct the respondents 2 and 3

herein to measure the lands comprised in Survey No.457/3B of Kannappalli

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WP No. 24248 of 2026

Village, Anthiyur Taluk, Erode District and lay the necessary boundary stones within a stipulated time fixed by this Court.

Learned counsel for the petitioner would submit that the petitioner made an application on 29.08.2025 seeking to measure and fix boundaries of the petitioner’s property in Survey No.457/3B, situated at Kannappalli Village, Anthiyur Taluk, Erode District. Since the same was not considered the respondents 2 and 3, the present writ petition has been filed.

Mr.M.Guruprasad, learned Government’s Counsel, who accepts notice on behalf of the respondents 1 to 3 would submit that the petitioner’s application dated 29.08.2025 will be considered and disposed of within a time frame to be fixed by this Court.

Heard the learned counsel for the petitioner as well as the learned Government’s Counsel appearing for the respondents.

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 respondents 2 and 3 to consider the petitioner’s application dated 29.08.2025 and conduct a survey and demarcate the subject properties, within a period of six (6) weeks from the date of receipt

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WP No. 24248 of 2026

of a copy of this order, after issuing prior notice to the petitioner and the other parties concerned, if any. If any need arises for Police assistance, it is open to the respondents 2 and 3 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.

It is made clear that this order is passed solely for the purpose of directing respondents 2 and 3 to conduct a survey and demarcate the subject property. If any dispute arises regarding the possession of the property, it must be resolved by filing a suit before a competent Civil Court. In the event of a title dispute, official respondents shall not take possession of the property and hand it over to any party. It is up to the parties concerned to seek recovery of possession through the due process of law.

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

24-06-2026

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

SRM

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WP No. 24248 of 2026

KRISHNAN RAMASAMY, J.

SRM

To

The District Collector, Erode District, Erode.

The Tashildar Anthiyur Taluk, Anthiyur, Erode District.

The Taluk Surveyor, Survey Section, Anthiyur Taluk, Anthiyur, Erode District.

WP No. 24248 of 2026

24-06-2026

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