Ponnusamy v. The Superintendent of Police

Order This Writ Petition has been filed to direct the 3rd respondent to conduct survey and to issue patta in favour of the petitioner in respect of Petitioner's property based on the online application dated 26.01.2026.

¶2The learned counsel for the petitioner submitted that the property comprised in S.F. Nos. 77/3, 77/4, and 79/3B, measuring an extent of 6.5 acres, along with other properties located at Kambainallur Village, Karimangalam Taluk, Dharmapuri District, was purchased by the petitioner's father vide a Sale Deed dated 11.05.1959. Following his demise, the petitioner along with his siblings has been in peaceful possession and enjoyment of the subject property. While so, one Rajappan and others, including the private respondents, filed a suit in O.S. No. 45/2012 before the Sub Court, Harur, seeking a declaration of title and recovery of possession, which was subsequently dismissed. Page4 of 7

¶3Since the private respondents continued to disturb their possession, the petitioner along with his siblings filed a suit in O.S. No. 146/2015 before the District Munsif Court, Harur, seeking a declaration of title and consequential injunction. The said suit was decreed in favour of the petitioner vide judgment and decree dated 15.10.2019, which subsequently attained finality. At this juncture, on 07.05.2025, the petitioner and his siblings entered into a registered Partition Deed, partitioning the properties among themselves. In order to obtain separate pattas, the petitioner submitted an application for sub-division and patta transfer before the 3rd respondent on 26.01.2026. However, owing to illegal objections and resistance from the private respondents, the revenue officials were unable to survey and sub-divide the land for the purpose of issuing individual pattas. Aggrieved by the inaction of the official respondents, the petitioner has approached this Court by way of the present Writ Petition.

¶4The learned Government's Counsel, who accepts notice on behalf of the respondents would submit that since the judgment and decree have already been passed in favour of the petitioner, the petitioner's land will be surveyed and demarcated based on his online application dated 26.01.2026 along with necessary police aid, within a time frame to be fixed by this Court. Page5 of 7

¶5Heard the learned counsel for the petitioner as well as the learned Government's Counsel appearing for the respondents. Since no adverse orders are being passed against the private respondents, notice to them is not necessary.

¶6Considering the submissions made by both parties, the limited prayer sought for in this Writ Petition, and the fact that the petitioner's title over the property has already been crystallised by the Civil Court via the judgment and decree in O.S.No.146 of 2015 (which was attained finality in the appeal on

06.04.2018), there is no impediment for the respondents to conduct a survey and measure the property and in view of the limited prayer sought for in this writ petition, this Court without expressing any opinion on the merits of the case, directs the 3rd respondent to consider the petitioner's online application dated

26.01.2026 and conduct a survey and demarcate the subject properties, within a period of eight (8) weeks from the date of receipt of a copy of this order, after issuing prior notice and affording an opportunity of personal hearing to the petitioner and other parties concerned including the private respondents 6 to 14. If any need arises for Police assistance, it is open to the official respondents to request for Police protection from the jurisdictional Police. If any such request is made, the jurisdictional Police is directed to provide an adequate Police protection for conducting the survey. Page6 of 7

7.In the event of any dispute regarding possession, the respondents shall not adjudicate upon the question of title. The petitioner and the concerned parties are at liberty to approach the competent Civil Court for recovery of possession and for appropriate reliefs in accordance with law. The official respondents shall not involve themselves in such proceedings or take any action affecting the rights of the parties unless specifically directed by the competent Civil Court.

8.With the above direction, this writ petition is disposed of. No costs. 30-06-2026 Index: Yes/No Speaking/Non-speaking order SK To

¶1The Superintendent of Police Dharmapuri District, Dharmapuri.

¶2The Deputy Superintendent of Police Harur Revenue Division, Dharmapuri.

¶3The Tahsildar karimangalam taluk, Dharmapuri District.

¶4The Inspector of Police kambainallur police station, Dharmapuri District.

¶5The Taluk Surveyor karimangalam taluk, Dharmapuri District. WPoNo.o24803oofo2026 KRISHNANoRAMASAMYoJ. sk WPoNo.o24803oofo2026 30-06-2026 Page7oofo7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY Ponnusamy S/o.M.Murugamudaliyar, No.4, Bazaar street, kambainallur village, karimangalam taluk, Dharmapuri District. ..Petitioner(s) Vs 1. The Superintendent of Police Dharmapuri District, Dharmapuri. 2. The Deputy Superintendent of Police Harur Revenue Division, Dharmapuri. 3. The Tahsildar karimangalam taluk, Dharmapuri District. 4. The Inspector of Police kambainallur police station, Dharmapuri District. 5. The Taluk Surveyor karimangalam taluk, Dharmapuri District. 6. sadhanaikural S/o.late.Anbazhagan, District Revenue Officer, Krishnagiri District, Krishnagiri. 7. mohandhas Tahsildar, Uthangarai taluk office, krishnagiri District. 8. Vimalarani D/o.late.Ramadhas, Respondents 6 to 14 are residing at golden street, kambainallur village and post, karimangalam taluk, Dharmapuri District. Page2 of 7 9. Aruldoss S/o.late.Ramadhas, Respondents 6 to 14 are residing at golden street, kambainallur village and post, karimangalam taluk, Dharmapuri District. 10.Kavitha W/o.mohandhas Respondents 6 to 14 are residing at golden street, kambainallur village and post, karimangalam taluk, Dharmapuri District. 11.mariyammal W/o.late.Subramani, Respondents 6 to 14 are residing at golden street, kambainallur village and post, karimangalam taluk, Dharmapuri District. 12.Raja S/o.Annaiyan Respondents 6 to 14 are residing at golden street, kambainallur village and post, karimangalam taluk, Dharmapuri District. 13.sokkan S/o. Respondents 6 to 14 are residing at golden street, kambainallur village and post, karimangalam taluk, Dharmapuri District. 14.Uthrani W/o.Ramadhas, Respondents 6 to 14 are residing at golden street, kambainallur village and post, karimangalam taluk, Dharmapuri District. ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus directing the 3rd respondent to conducting survey and to issue patta in favour of the petitioner in respect of Page3 of 7 properties comprised in Survey Nos.77/4 and 79/3B, situate at kambainallur village, karimanagalam taluk, Dharmapuri District, based the online application No.2026/0105/05/002221 dated 26.01.2026 within adequate police protection with in a stipulated time. For Petitioner(s): Mr.J.SHAKUL HAMEED For Respondent(s): Mr.Durai Gunasekaran, Government Advocate (Crl.Side) for R1, R2 and R4 Mr.B.Pachaiyappan, Government Counsel for R3 and R5