V.Arumugam Vs The Tahsildar

PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus directing the 1^st respondent herein to depute a Surveyor to survey inspect, measure, report actual measurement and boundaries of the petitioners property comprised in Survey No.191/A11B measuring an extent of 0.56.00 Ares, situated at

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

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WP No. 28765 of 2026

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Kaniyalampalayam Village, Kinathukadavu Taluk, Coimbatore District in accordance with the registered Sale deed dated 17.8.1973 registered as Document No.660 of 1973 pursuant to the petitioner’s application and payment of survey charges under challan No.2026/0123/12/002773 dated 24.06.2026 with the aid and police protection of the second respondent and consequently direct the 1^st respondent and pass appropriate orders within a time frame to be fixed by this Court.

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For Petitioner(s): Mr. A.Tamilarasan For Respondent(s): Mr.C.Prabakaran Government Counsel for R1 Mr.Durai Gunasekaran Government Counsel (Crl.Side) for R2

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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 first respondent to survey the petitioner’s property based on his application dated 24.06.2026.

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The case of the petitioner is that an online application was submitted on 24.06.2026, requesting the first respondent to survey, inspect, measure, and report the actual measurements and boundaries of the petitioner’s property. The subject property is comprised in Survey No. 191/A11B, measuring an extent of 0.56.00 Ares, situated at Kaniyalampalayam Village, Kinathukadavu Taluk,

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

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WP No. 28765 of 2026

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Coimbatore District. The application seeks a survey in accordance with the sale deed dated 17.08.1973, registered as Document No. 660 of 1973, and was filed pursuant to the payment of survey charges under Challan No. 2026/0123/12/002773 dated 24.06.2026, with a request for the aid and police protection of the second respondent. However, the same has not been considered till date. Aggrieved by the inaction on the part of the first respondent, the petitioner has filed the present Writ Petition.

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In response, Mr. C.Prabakaran, learned Government Counsel for the 1^st respondent submitted that the application of the petitioner dated 24.06.2026 would be considered. He further submitted that appropriate orders would be passed on merits and in accordance with law, after issuing notice to the brother of the petitioner, within a period of six weeks.

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In view of the facts and circumstances of the case and the submissions

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made by the learned counsel on either side, this Court directs the 1^st respondent consider the petitioner's application dated 24.06.2026 on merits and in accordance with law. The respondents 3 and 4 shall conduct a survey of the subject property comprised in Survey No.191/A11B measuring an extent of 0.56.00 Ares, situated at Kaniyalampalayam Village, Kinathukadavu Taluk,

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

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WP No. 28765 of 2026

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Coimbatore District 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, his brother, and other interested parties, if any. It is made clear that in the event that any disturbance arises, the surveying authority is empowered to seek the assistance of the 2^nd respondent / jurisdictional Police, and the 2^nd respondent 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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