Kothandan Vs the District Collector

PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus directing the 3^rd and 4^th respondents to conduct a survey with proper boundary verification in respect of New Survey No. 8/4D (Old Survey No. 180/1 ) and Survey No. 160/1 situated at Perumbakkam Village, Thiruvallur Taluk and district enquire in to the patta issued in survey No. 160/1.

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For Petitioner(s): Mr. S.M.Raghuram For Respondent(s): Mr.C.Prabakaran Government Counsel

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ORDER

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The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the respondents 3 and 4 to consider his representation dated 16.04.2026 seeking conduct of survey and fix boundary stones.

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Thecase of the petitioner is that a representation dated 16.04.2026 was submitted to respondents 3 and 4, requesting them to conduct a survey and verify the boundaries in respect of New Survey No. 8/4D (Old Survey No. 180/1) and Survey No. 160/1, situated at Perumbakkam Village, Thiruvallur Taluk and District. The representation further requested them to conduct an enquiry into the patta issued in respect of Survey No. 160/1 and to fix boundary

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

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WP No. 28101 of 2026

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stones for the same. However, the same has not been considered till date. Aggrieved by the inaction on the part of the official respondents, the petitioner has been constrained to file the present Writ Petition.

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In response, Mr. C.Prabakaran, learned Government Counsel appearing for the respondents, submitted that the representation of the petitioner dated 16.04.2026 would be considered by respondents 3 and 4. He further submitted that appropriate orders would be passed on merits and in accordance with law within a period of six (6) weeks, after issuing notice to the petitioner as well as the interested parties, namely, Nagaraj and Sambath Raja, and affording them an opportunity of a hearing.

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In view of the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court directs respondents 3 and 4 to consider the petitioner's representation dated 16.04.2026 on merits and in accordance with law. The respondents 3 and 4 shall conduct a survey of the subject property comprised in New Survey No. 8/4D (Old Survey No. 180/1) and Survey No. 160/1 situated at Perumbakkam Village, Thiruvallur Taluk and fix the boundary stones within a period of six (6) weeks from the date of receipt of a copy of this order, after issuing prior notice to the petitioner as well as the

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

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WP No. 28101 of 2026

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interested parties, namely, Nagaraj and Sambath Raja, as contended by the learned Government Counsel. It is made clear that in the event that any disturbance arises, the surveying authority is empowered to seek the assistance

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of the jurisdictional Police, and the Police are mandated to provide necessary police protection. In the event that the subject land under survey is in the possession of either the petitioner or any other concerned party, the recovery of possession can only be effected through the due process of law before the competent Civil Court; under no circumstances shall the respondents engage in taking over possession after completing the survey to hand it over to any party. Such exercise shall be carried out exclusively through the competent Civil Court.

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