Rathinavel v. The Tahsildar

ORDER The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the respondents 1 and 2 to conducting the survey and measure the survey numbers 519/2 1.39.00 hectare and 527/A - 0.84.50 hectare lands situated at Nathahalli village, Nallampalli Taluk, Dharmapuri District, pursuant to the online application No 2026/ 0123/ 05/ 018139 dated 27.04.2026 and consequently directing the 3rd respondent to give adequate police protection at the time of conducting the survey and fencing into the petitioner's land. Page2 of 6

¶2The case of the petitioner is that an online application dated 27.04.2026 was submitted, requesting respondents 1 and 2 to survey and measure the subject property. However, the same has not been considered till date. Challenging this inaction on the part of respondents 1 and 2, the petitioner has filed the present Writ Petition.

¶3Heard the learned counsel appearing for the petitioner and the Government Counsel appearing for the respondents.

¶4Considering the facts and circumstances of the case and the submissions made on either side, this Court directs the respondents 1 and 2 to consider the petitioner's application dated 27.04.2026, conduct a survey of the subject property comprised in Survey Numbers 519/2 1.39.00 hectare and 527/A - 0.84.50 hectare lands situated at Nathahalli Village, Nallampalli Taluk, Dharmapuri District, and fix boundary stones, after issuing due notice to the petitioner and any other interested parties, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that in the event that any disturbance arises, the surveying authority is empowered to seek the assistance of the 3rd respondent/ jurisdictional Police, and the 3rd respondent/ jurisdictional Police are mandated to provide necessary police protection. In the Page3 of 6 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.

¶5With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. 02-07-2026 Asi Page4 of 6 To

¶1The Tahsildar Nallampalli Taluk office, Nallampalli, Dharmapuri District

¶2The Head Surveyor Nallampalli Taluk office, Nallampalli, Dharmapuri District

¶3The Inspector of Police Hindoor Police station, hindoor, Dharmapuri District Page5 of 6 WPoNo.o25176oofo2026 KRISHNANoRAMASAMY,oJ. Asi WPoNo.o25176oofo2026 02-07-2026 Page6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY Rathinavel S/o Subramani, No 3/99-1 Mallapuram, somenahalli, Nallampalli Taluk, Dharmapuri District ..Petitioner(s) Vs 1. The Tahsildar Nallampalli Taluk office, Nallampalli, Dharmapuri District 2. The Head Surveyor Nallampalli Taluk office, Nallampalli, Dharmapuri District 3. The Inspector of Police Hindoor Police station, hindoor, Dharmapuri District ..Respondent(s) Page1 of 6 PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus directing the respondents 1 and 2 to conducting the survey and measure the survey numbers 519/2 1.39.00 hectare and 527/A - 0.84.50 hectare lands situated at Nathahalli village, nallampalli Taluk, Dharmapuri, District pursuant to the online application No 2026/ 0123/ 05/ 018139 dated 27.04.2026 and consequently directing the 3rd respondnet to give adequate police protection at the time of conducting the survey and fencing into the petitioner's land. For Petitioner(s): Mr. K.Krishnan For Respondent(s): Mr. M. Guruprasad Government Counsel for R1 and R2 Mr. Durai Gunasekaran Government Counsel for