Hamsa v. The Tahsildar

Order This Writ Petition has been filed to direct the 1st respondent to survey and demarcate the boundaries of the property in pursuance of the petitioner's representation dated 23.01.2025.

¶2The learned counsel for the petitioner submitted that the petitioner purchased agricultural land comprised in S.F.No. 53/3B, situated at Lakkampatti Village, Mettur Taluk, Salem District, measuring an extent of 2.43 ½ acres, by way of a registered Sale Deed. Consequent to the purchase, the revenue records were also duly mutated in her name. Thereafter, the petitioner submitted an online application to the 1st respondent to survey and demarcate the boundaries of the subject property. However, owing to objections raised by respondents 3 to 5, the 1st respondent failed to execute the survey. Subsequently, on 23.01.2025, the petitioner submitted a fresh representation to respondents 1 and 2 requesting the survey. Since the said representation has not been considered to date, the petitioner has approached this Court. Page3 of 6

¶3The learned counsel appearing for the private respondents (respondents 3 to 5) submitted that a comprehensive Civil Suit for declaration of title and permanent injunction is actively pending before the learned District Munsif, Mettur. He further contended that the private respondents are in physical possession of the property. Since the substantive question of title and possession is sub-judice before a competent Civil Court, it is neither proper nor maintainable for the petitioner to invoke the extraordinary writ jurisdiction of this Court for boundary demarcation.

¶4The learned Government Advocate appearing for respondents 1 and 2 submitted that a boundary survey cannot be conducted by revenue authorities when there is a serious dispute regarding physical possession and an active civil suit is pending between the parties. He further pointed out that the petitioner is not in settled physical possession of the property to warrant an independent survey.

¶5Heard the learned counsel for parties and also perused the materials available on record.

¶6The undisputed fact that emerges from the records is that a comprehensive civil suit involving the very same subject property is pending Page4 of 6 adjudication before the District Munsif Court, Mettur. While the petitioner claims ownership and mutation of revenue records, the private respondents strongly dispute the petitioner's possession and have sought a declaration and permanent injunction.

¶7Such being the case, this Court is of the considered view that when a substantive Civil Suit is pending between the parties, any administrative intervention by the revenue authorities to survey or demarcate the property would be improper and impermissible. Since the civil court is already adjudicating the issue of declaration and injunction, parallel administrative proceedings for the demarcation of the very same boundaries would lead to conflicting findings and administrative chaos. If the petitioner genuinely intends to survey and demarcate the property to locate its physical boundaries, the petitioner must approach the competent Civil Court where the suit is pending and file an interlocutory application for such relief. It is for the Civil Court to evaluate whether a prima facie case exists to warrant such a survey, and if satisfied, pass appropriate orders in accordance with law. The extraordinary jurisdiction of this Court under Article 226 of the Constitution of India cannot be invoked to resolve private boundary disputes. Therefore, this Court does not find any merit or legal infirmity in the inaction of the revenue respondents to keep the survey application in abeyance during the pendency of the civil Page5 of 6 dispute. This Writ Petition is thoroughly devoid of merits and is inclined to be dismissed.

¶8Accordingly, this Writ Petition stands dismissed. No costs. 20-07-2026 Index: Yes/No Speaking/Non-speaking order SK To

¶1The Tahsildar Mettur Taluk, Salem District.

¶2The Inspector Of Police Kolathur Police Station, Salem District. WPoNo.o12146oofo2025 KRISHNANoRAMASAMYoJ. sk WPoNo.o12146oofo2025 20-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY Hamsa W/o.Chandrasekaran, Perumalkovilnatham, Chinnathanda Post, Lakkampaatti Village, Mettur Taluk, Salem District. ..Petitioner(s) Vs 1. The Tahsildar Mettur Taluk, Salem District. 2. The Inspector Of Police Kolathur Police Station, Salem District. 3. Prabu S/o.Ponnusamy, Lakkampatti Village, Kolathur, Mettur Taluk, Salem District. 4. Ramani S/o.Ponnusamy, Lakkampatti Village, Kolathur, Mettur Taluk, Salem District. 5. Karthik S/o.Ramani, Lakkampatti Village, Kolathur, Mettur Taluk, Salem District. ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus to direct the 1st respondent to survey and demarcate the boundaries of the property comprised in survey no.53/3B at Lakkampatti Village, Mettur Taluk, Salem District to an extent of 2.43 1/2 Acres with police aid of the 2nd respondent in pursuance of the representation dated 23.01.2025. Page2 of 6 For Petitioner(s): Mr.K.Prathap for Mr.C.Deepakkumar For Respondent(s): Mr.C.Prabakaran, Government Counsel for R1 Mr.Durai Gunasekaran, Government Counsel (Crl.Side) for R2 Mr.Gowtham Raj A.B. for R3 to R5