K.Balashanmugam v. Selvarajan

Order This petition has been filed to recall the order passed in the writ petition dated 03.11.2025.

¶2The learned counsel for the petitioners in this petition submitted that there is a wide discrepancy with regard to the survey number as well as the Page3 of 6 extent of the property between the application that was submitted for survey and the affidavit filed in support of the writ petition before this Court.

¶3The learned counsel further submitted that in the guise of survey, property belonging to the petitioners is now sought to be encroached by putting up a barbed-wire fencing.

¶4The learned Additional Government Pleader appearing on behalf of the respondents 3 to 5 in this petition submitted that the survey has already been conducted and a report has been given by the surveyor. Since there were objections raised, the boundary stones were not laid and the boundaries identified were marked by fixing small rods.

¶5The learned counsel appearing for the petitioners in this petition submitted that the writ petitioners are now taking advantage of the survey and are attempting to put up a barbed-wire fencing and defeat the rights of the petitioners.

¶6In the considered view of this Court, the survey has already been completed. Therefore, there is no question of recalling the order at this point of time. However, it is made clear that the order passed in the writ petition does Page4 of 6 not decide the inter se rights between the parties and the mere conduct of a survey doest not confer any right or title over the property to any party.

¶7The dispute regarding the right and title over the property shall be agitated before the competent forum in accordance law. This clarity, will sufficiently take care of the grievance expressed by the petitioner in this petition. This petition is disposed of in the above terms. No costs. Connected miscellaneous petition is closed. 06-02-2026 Index: Yes/No Speaking/Non-speaking order mp Page5 of 6 To

¶1The District Collector District Collectorate, Coimbatore.

¶2The Taluk Tahsildar Tashildar Office, Sulur, Coimbatore District.

¶3The Land Surveyor Sulur, Coimbatore District.

¶4The Superintendnet Of Police Officer Of The Superintendent Of Police, Coimbatore, Coimbatore District.

¶5The Inspector Of Police Sulur Police Station, Sulur, Coimbatore District. Page6 of 6 N.ANAND VENKATESH J. mp and WMP NO. 1131 OF 2026 06-02-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-02-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH 1. K.Balashanmugam S/o.Kandasamy, 2. K.Ananthakumar S/o.Kandasamy 3. A.Govindharajan S/o.Angamuthu, 4. A.Balasubramaniam S/o.Angamuthu, 5. B.Parthiban S/o.Balasundaram, ..Petitioners Vs 1. Selvarajan S/o.Palanisamy 2. Kavitha W/o.Selvarajan 3. The District Collector District Collectorate, Coimbatore. 4. The Taluk Tahsildar Tashildar Office, Sulur, Coimbatore District. Page2 of 6 5. The Land Surveyor Sulur, Coimbatore District. 6. The Superintendnet Of Police Officer Of The Superintendent Of Police, Coimbatore, Coimbatore District. 7. The Inspector Of Police Sulur Police Station, Sulur, Coimbatore District. ..Respondents Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India, to Re-call the order dated 03.11.2025 passed in WP.No. 41640 of 2025. For Petitioners : Ms.U.Ramya For Respondents : Mr.L.Ramanathan [R1 & R2] Mr.T.K.Saravanan Additional Government Pleader [R3 to R5]