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Shanmugapriya v. The Revenue Tahsildar

DISPOSED OF
Court
High Court of Madras
Decided
16 July 2026
Bench
Krishnan Ramasamyauthor
Case no.
WP 27535/2026

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Judgment

Order This writ petition has been filed challenging the impugned order dated

28.05.2026 passed by the 2nd respondent.

¶2Mr.C.Prabakaran, learned Government counsel, takes notice on behalf of the respondents 1 & 2 and Mr.Durai Gunasekaran, learned Government counsel, takes notice on behalf of the 3rd respondent.

¶3By consent of the parties, the main petition is taken up for disposal at the stage of admission itself.

¶4The learned counsel for the petitioner would submit that in this case, an online application dated 24.01.2026 was filed by the petitioner to conduct survey and demarcation at the subject property. However, the said application was rejected by the 2nd respondent vide impugned order dated 28.05.2026, without assigning any proper reason, which is not proper. Hence, this petition. Page3 of 6

¶5In reply, the learned counsel appearing for the respondents would submit that in this case, the neighbour of the petitioner had already filed a suit, wherein an Advocate Commissioner was appointed for measuring the subject property, during which, the petitioner's property was also measured. Hence, the respondent had rejected the application filed by the petitioner.

¶6Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

¶7In the case on hand, the application filed by the petitioner, for conducting survey at the subject property, was rejected by the respondents vide the impugned order dated 28.05.2026. A perusal of the said impugned order would show that it is a non-speaking order, which was passed without assigning any proper reason. In such case, no doubt that the impugned order is liable to be set aside.

¶8According to the respondents, an Advocate Commissioner was appointed, vide the order passed in the suit filed by the adjacent land owner, for measuring the subject property, during which, the petitioner's property was also measured. However, today, it was submitted by the petitioner that the survey was conducted only at the neighbour's property but not with regard to the Page4 of 6 petitioner's property. Further, the petitioner made an application only for measuring the subject property and fixing boundary stones therein. He had also paid the cost for conducting survey at the subject land while filing the said application. When such being the case, it is not proper for the respondent to reject the petitioner's application by citing the aforesaid reason. Therefore, this Court is of the view that the impugned order is liable to be set aside on this ground also.

¶9Accordingly, the impugned order dated 28.05.2026 passed by the 2nd respondent is set aside. The 2nd respondent is directed to consider the petitioner's application and conduct survey at the subject land, after issuing notice to all the concerned parties, including the adjacent land owners, within a period of 6 weeks from the date of receipt of a copy of this order.

¶10It is made clear that this order is passed only for the purpose of issuing a direction to the official respondents for conducting survey at the subject land. If there is any dispute with regard to the title/possession over the said property, the same has to be decided only by way of filing a suit before an appropriate Civil Court.

¶11If any police protection is required at the time of conducting survey, the revenue officials are granted liberty to avail the same by approaching the 3rd Page5 of 6 respondent. In such case, the 3rd respondent shall provide all necessary protection to the revenue officials till the completion of survey at the subject land.

¶12With the above directions, this writ petition is disposed of. No cost. 16-07-2026 Index: Yes/No Speaking/Non-speaking order nsa To

¶1The Revenue Tahsildar Pappireddipatti taluk, Dharmapuri District.

¶2The Firka Surveyor Taluk office, Pappireddipatti, Dharmapuri District.

¶3The Inspector of Police Pappireddipatti Police Station, Dharmapuri District. WPoNo.o27535oofo2026 KRISHNANoRAMASAMYoJ. nsa WPoNo.o27535oofo2026 16-07-2026 Page6oofo6

Case details

Parties and counsel

Page1 of 6 SIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY Shanmugapriya D/o.P.Chidhambaram, 2/453, Mookkareddipatti, Pappireddiaptti Taluk, Dharmapuri District. ..Petitioner(s) Vs 1. The Revenue Tahsildar Pappireddipatti taluk, Dharmapuri District. 2. The Firka Surveyor Taluk office, Pappireddipatti, Dharmapuri District. 3. The Inspector of Police Pappireddipatti Police Station, Dharmapuri District. ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, Calling for the records relating to the impugned order dated 28.05.2026 passed by the 2nd respondent, quash the same and consequently direct the respondents 1 and 2 to conduct survey and fix boundaries for my property measuring 2.95 acres (1.19.50 hec) in new SF No.8/2D1, Mookkareddipatti village, Pappireddipatti Taluk, Dharmapuri District, with police aid from the 3rd respondent by considering the petitioners online application No.2026/ 0123/ 05/ 000422 dated 24.01.2026 Page2 of 6 For Petitioner(s): Ms.M.Adhishree For Respondent(s): Mr.C.Prabakaran, Govt. counsel, R1 & 2 Mr.Durai Gunasekaran, Govt. counsel for R3

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.