G.Gomathy v. The District Collectdor

ORDER The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the respondents 2 and 3 to consider the petitioner's online application dated 03.11.2025.

¶2The case of the petitioner is that she claims to be the absolute owner and possessor of the property comprised in Survey No. 59/13, measuring 72 cents, situated at T. Cholankuruchi North Village, Udayarpalayam Taluk, Ariyalur District, by virtue of a registered Settlement Deed bearing Document No. 73 of 2003 dated 22.01.2003 executed by her father and grandmother. Page2 of 6 Pursuant thereto, the revenue records have been mutated in the petitioner's name.

¶3It is the petitioner's case that she is in peaceful possession and enjoyment of the property. However, the fourth respondent, who owns the adjoining property, allegedly removed the petitioner's fence on the ground that the boundaries require demarcation by the official survey authorities. The petitioner thereafter approached the competent revenue authorities and submitted an online application seeking survey and demarcation of the property. As no effective action was taken on the said request, the petitioner has approached this Court seeking appropriate directions.

¶4Heard the learned counsel for the petitioner and learned Government Counsel for the respondents.

¶5In 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 2 and 3 to consider the petitioner's application dated 03.11.2025 on its merits. The respondents 2 and 3 shall conduct a survey of the subject property comprised in Survey No. 59/13, measuring 72 cents, situated at T. Cholankuruchi North Page3 of 6 Village, Udayarpalayam Taluk, Ariyalur District, and fix the boundary stones within a period of four (4) weeks from the date of receipt of a copy of this order, after issuing prior notice to the petitioner as well as the 4th respondent 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 jurisdictional Police, and the jurisdictional 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 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.

¶6With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs. 10-07-2026 Asi Page4 of 6 To

¶1The District Collector Ariyalur District

¶2The Tahsildar Udayarpalayam Taluk Ariyalur District

¶3The Head Surveyor Udayarpalayam Taluk Ariyalur District. Page5 of 6 WPoNo.o26449oofo2026 KRISHNANoRAMASAMY,oJ. Asi WPoNo.o26449oofo2026 10-07-2026 Page6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY G.Gomathy W/o.P.Govindasamy Sivan Kovil street TE.Cholankuruchi North village udayarpalayam Taluk Ariyalur District -621 804 ..Petitioner(s) Vs 1. The District Collector Ariyalur District 2. The Tahsildar Udayarpalayam Taluk Ariyalur District 3. The Head Surveyor Udayarpalayam Taluk Ariyalur District 4. Annadhurai S/O.Paramasivam T.Cholankurichi North Village Udayarpalayam Taluk Ariyalur District -621 804 ..Respondent(s) Page1 of 6 PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus to direct the respondents 2 and 3 to conduct survey and to fix the boundaries with respect to petitioners land comprised in Sy.No.59/13 situated at T.Cholankurichi North village, Udayarpalayam Taluk, Ariyalur District as per petitioner's title deed, viz, Registered settlement Deed bearing Document No.73 of 2003 dated 23.1.2003 on the file of the Sub Registrar at Udayarpalayam and patta bearing No.1272 pursuant to the petitioner online applications vide E-challan No.20251103014459 dated 03.11.2025 if required with police assistance. For Petitioner(s): Mr. M.Himavanth For Respondent(s): Mr. Inthu Karunakaran Government Counsel for R1 to R3