M.Kalamani v. The District Collector

ORDER The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the respondents 2 to 6 to consider the petitioner's application dated 25.02.2026.

¶2The The case of the petitioner is that she is the absolute owner and in peaceful possession of the Natham land comprised in Old Survey No. 13/C and New Survey No. 177/4, measuring a total extent of 550 sq.ft. situated at Devapandalam Village, Sankarapuram Taluk, Kallakurichi District. Recently, certain third parties have started erecting pillars on the petitioner's land with the malicious intention of constructing a water tank thereon. Aggrieved by this encroachment, the petitioner submitted an online application dated 25.02.2026 to the respondent authorities, requesting them to conduct a survey of the said land and demarcate its boundaries. However, the said application has not been considered to date. Having no other alternative or efficacious remedy, the petitioner has approached this Court by way of the present Writ Petition Page3 of 7

¶3In reply, Mr. B.Pachaiyappan, learned Government Counsel appearing for the official respondents submitted that the application of the petitioner dated

25.02.2026 will be considered and appropriate orders would be passed thereon on merits and in accordance with law.

¶4In view of the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court directs the respondents 3 and 4 to consider the petitioner's application dated 25.02.2026 on merits and in accordance with law. The respondents 3 and 4 shall conduct a survey of the subject property comprised in Old Survey No.13/C and New Survey No.177/4, situated at Devapandalam Village, Sankarapuram Taluk, Kallakurichi 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 and 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 6th respondent / jurisdictional Police, and the 6th 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 Page4 of 7 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 directions, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

¶6Post this matter "for reporting compliance" on 10.09.2026. 17-07-2026 Asi Page5 of 7 To

¶1The District Collector District Collectorate Office, Kallakurichi

¶2Revenue Divisional Officer District Collectorate Office, Kallakurichi

¶3Tahsildar Sankarapuram Taluk. Sankarapuram, Kallakurichi District 606 401

¶4The Head Surveyor Devapandalam Village, Sankarapuram Kallakurichi District 606 401

¶5The Block Development Officer Block Development Office, Sankarapuram , Kallakurichi District 606 401

¶6The Inspector Of Police Sankarapuram , Kallakurichi District Page6 of 7 WPoNo.o12369oofo2026 KRISHNANoRAMASAMY,oJ. Asi WPoNo.o12369oofo2026 andoWMPoNo.13518oofo2026 17-07-2026 Page7oofo7

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY and WMP No.13518 of 2026 M.Kalamani D/o.Muniyan, 3/1185, Moopanar Kovil Street, Devapandalam village, Sankarapuram taluk, Kallakurichi district ..Petitioner(s) Vs 1. The District Collector District Collectorate Office, Kallakurichi 2. Revenue Divisional Officer District Collectorate Office, Kallakurichi 3. Tahsildar Sankarapuram Taluk. Sankarapuram , Kallakurichi District 606 401 4. The Head Surveyor Devapandalam Village, Sankarapuram Kallakurichi District 606 401 Page1 of 7 5. The Block Development Officer Block Development Office, Sankarapuram , Kallakurichi District 606 401 6. The Inspector Of Police Sankarapuram , Kallakurichi District ..Respondent(s) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus directing the 2 to 6 respondents to consider the petitioners application bearing No. 2026/ N123/ 33/ 000306 dated 25.02.2026 and to survey petitioners land with the held of 6th respondent and to measure and fix the four boundaries and submit the detailed report of surveying the land in the property comprised in Survey No. 177/4 measuring to an extent of 550 sq.ft situated at Devapandalam village, Sankarapuram Taluk, Kallakurichi District. For Petitioner(s): Mr. M.Elumalai For Respondent(s): Mr. B. Pachaiyappan Government Counsel for R1 to R5 Mr.Durai Gunasekaran Government Advocate (Crl.Side) for R6 Page2 of 7