A.Yasin 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 second respondent herein to survey, measure, demarcate the petitioners property comprised in old survey no.122A-2, new survey no.1033/9, as per patta no.361, measuring an extent of 4.15128 cents, situated in valavanur village, villupuram taluk, district of the sub-registrar valavanur, within a time-frame as deem fit and proper by this court or to grant such further or other reliefs as this court may deem fit.

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

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WP No. 25543 of 2026

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For Petitioner(s): Mr.R.Kishore Kumar for M/s.G.Bala and Daisy For Respondent(s): Mr.M.Guruprasad, Government Counsel for R1 to R3 Mr.Durai Gunasekaran, Government Advocate (Crl.Side) for R4

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Order

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This Writ Petition has been filed to direct the second respondent herein to survey, measure, demarcate the petitioners property.

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The learned counsel for the petitioner submitted that the petitioner is the absolute and lawful owner of the land situated in Old S.F. No. 122A-2, New S.F. No. 1033/9, Valavanur Village, Villupuram Taluk, Villupuram District, measuring an extent of 4.15128 cents (1809 sq. ft.), by way of succession. Originally, the petitioner’s mother was in continuous possession and enjoyment of the said Natham land, and in recognition of her possession and enjoyment, a Patta was issued to her. Presently, the petitioner is in exclusive possession and enjoyment of the property. While so, the 5th respondent is attempting to claim rights over the property and encroach upon the same. Consequently, the petitioner submitted an initial representation dated 30.03.2023, followed by a formal application dated 21.01.2026, seeking a survey and measurement of the 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 2nd

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

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WP No. 25543 of 2026

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respondent to survey, measure, and demarcate the property with necessary police protection.

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Mr.M.Guruprasad, learned Government’s Counsel, who accepts notice on behalf of the respondents 1 to 3 would submit that the petitioner’s land will be surveyed and demarcated based on his representations and application dated 21.01.2026, within a time frame to be fixed by this Court.

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Heard the learned counsel for the petitioner as well as the learned Government’s Counsel appearing for the respondents 1 to 3. Since no adverse orders are being passed against the 5^th respondents, notice to the 5^th respondent is not necessary.

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5.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 2^nd respondent to consider the petitioner’s application dated 21.01.2026 and conduct a survey and demarcate the subject properties, within a period of four (4) 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 5^th respondent. If any need arises for Police assistance, it is open to the respondents 1 to 3 to request for Police protection from the 4^th respondent / jurisdictional

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

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WP No. 25543 of 2026

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Police. If any such request is made, the 4^th respondent / jurisdictional Police is directed to provide an adequate Police protection for conducting the survey.

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6.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.

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

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07-07-2026

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

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SK

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To

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