S. Balamurugan v. The District Collector

Order This Writ Petition has been filed to direct Respondents 1 to 3 to survey and demarcate the petitioners land.

¶2The learned counsel for the petitioner submitted that the petitioner is the owner of the land in R.S. No. 663/2, measuring an extent of 2.41 acres Page3 of 6 situated in Sivagiri Village, Kodumudi Taluk, Erode District, by virtue of a Sale Deed dated 30.09.1996. There was a civil dispute in respect of the subject property between the petitioner's predecessor-in-title and respondents 5 and 6. The petitioner's title over the property was confirmed vide civil proceedings before the Trial Court as well as before this Court.

¶3Hence, the petitioner desired to demarcate his lands and applied online for a survey and demarcation before the official respondents. Pursuant to the application, while the survey proceedings were underway, the private respondents unlawfully obstructed the process. Consequently, the petitioner has approached this Court seeking a direction to respondents 1 to 3 to survey and demarcate the lands with necessary police assistance.

¶4Mr.B.Pachaiyappan, learned Government's Counsel, who accepts notice on behalf of the respondents 1 to 3 would submit that the petitioner's land will be surveyed and demarcated based on his online application dated

06.06.2026 along with necessary police aid, within a time frame to be fixed by this Court.

¶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 respondents 5 to 8, notice to them is not necessary. Page4 of 6 Considering 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 there is no impediment for the respondents to conduct a survey and measure the property. In view of the above, this Court, without expressing any opinion on the merits of the case, directs the 3rd respondent to consider the petitioner's online application dated 06.06.2026 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. If any need arises for Police assistance, it is open to the respondents to request for Police protection from the jurisdictional Police / 4th respondent. If any such request is made, the jurisdictional Police/4th respondent is directed to provide an adequate Police protection for conducting the survey.

¶6In the event of any dispute regarding possession, the official respondents shall not adjudicate upon the question of title as the petitioner's right over the property has already decided by the Civil Court. 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 Page5 of 6 take any action affecting the rights of the parties unless specifically directed by the competent Civil Court.

7.With the above direction, this writ petition is disposed of. No costs. 03-07-2026 Index: Yes/No Speaking/Non-speaking order SK To

¶1The District Collector Erode.

¶2The Revenue Divisional Officer Erode.

¶3Tahsildar Sivagiri,

¶4The Inspector of Police Sivagiri, WPoNo.o25363oofo2026 KRISHNANoRAMASAMYoJ. sk WPoNo.o25363oofo2026 03-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY S. Balamurugan S/o. Subramanian, No.60 Sivagiri Athinam, Anna Street, Sivagiri, Kodumudi, Erode, Tamil nadu -638 108 ..Petitioner(s) Vs 1. The District Collector Erode 2. The Revenue Divisional Officer Erode 3. Tahsildar Sivagiri, 4. The Inspector of Police Sivagiri, 5. Palanisamy S/o. Venkataramasamy, Chinniyam Palayam, Sivagiri Post, Kodumudi Taluk, 6. Velusamy S/o. Venkataramasamy, Ranga Samy Samuthram, Sivagiri Post, Kodumudi Taluk, Page2 of 6 7. Maragatham D/o. Venkataramasamy, Chinniyan Palayam, Sivagiri Post, Kodumudi Taluk, 8. Bakkiyam, D/o. Venkataramasamy, Chinniyan Palayam, Sivagiri Post, Kodumudi Taluk, Erode District -638 109. ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus to direct Respondents 1 to 3 to survey and demarcate the petitioners land in R.S. No.663/2, A Block, Plot No.34, measuring an extent of 2.41 acres situate in Sivagiri Village, Kodumudi, Taluk, Erode District under the protection of the 4th Respondent. For Petitioner(s): Ms.T.R. GAYATRI For Respondent(s): Mr.B.Pachaiyappan, Government Counsel for R1 to R3 Mr.Durai Gunasekaran, Government Advocate (Crl.Side) for R4