N.Sivalingam v. The Tahsildar

ORDER The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 13.07.2026.

¶2The learned counsel for the petitioner submitted that the petitioner submitted a representation dated 13.07.2026 to the 1st respondent, requesting the survey of his property comprised in Survey No.461/4, covered under Patta No.324, situated at Vichoor Village, Ponneri Taluk, Tiruvallur District, and for fencing the said property. However, the said representation has not been considered by the 1st respondent till date. Aggrieved by the inaction on the part of the 1st respondent, the petitioner has filed the present Writ Petition. Page2 of 6

¶3In response, Mr. P. Elayaraj Kumar, learned Special Government Pleader appearing for the first respondent submitted that the petitioner's representation dated 13.07.2026 would be considered by the 1st respondent and appropriate orders would be passed thereon in accordance with law, within a period of six weeks.

¶4Considering the facts and circumstances of the case and the submissions made on either side, this Court directs the 1st respondent/Tahsildar, Ponneri Taluk, to consider the petitioner's representation dated 13.07.2026 seeking survey and fencing of the subject property comprised in Survey No.461/4, covered under Patta No.324, situated at Vichoor Village, Ponneri Taluk, Tiruvallur District and pass appropriate orders thereon, on merits and in accordance with law, after issuing notice to the petitioner, the 3rd respondent and the interested parties, if any, and affording them an opportunity of personal hearing, within a period of six (6) weeks from the date of receipt of a copy of this order. Page3 of 6

¶5It is made clear that in the event that any disturbance arises, the surveying authority is empowered to seek the assistance of the 2nd respondent / jurisdictional Police, and the 2nd 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 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. As far as fencing is concerned, it falls under the private interest of the petitioner and hence, no assistance or protection will be provided by the official respondent for the same.

¶6With the above observations and directions, this Writ Petition is disposed of. No costs. 07-08-2026 Asi Page4 of 6 To

¶1The Tahsildar, Ponneri Taluk, Ponneri 601 204.

¶2The Inspector of Police M7 Manali New Town Police Station, Chennai 600 103. Page5 of 6 WPoNo.o31285oofo2026 KRISHNANoRAMASAMY,oJ. Asi WPoNo.o31285oofo2026 07-08-2026 Page6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY N.Sivalingam S/o Nagooran, No 3/212, Kalainagar Nagar Vichoor Village, Shozhavaram Union, Ponneri Taluk, Tiruvallur District 600 013 ..Petitioner(s) Vs 1. The Tahsildar Ponneri Taluk Ponneri 601 204 2. The Inspector of Police M7 Manali New Town police station, Chennai 600 103 3. Kala W/o Thirumal Kailaingar Nagar, Vichoor Village, Shozhavaram union, Ponneri Taluk, Tiruvallur 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 1st respondent to Survey the petitioners property comprised in Survey No 461/4, Patta no 324 Page1 of 6 situated at Vichoor Village, Ponneri Taluk, Tiruvallur Distrct to an total extent of 00114 sq.mt. with the 2nd respondent police aid for survey and fixing fencing to the said property by considering the petitioners representation dated 13/07/2026 within the specific period of time fixed by this Court. For Petitioner(s): Mr. K.B.Vivekanandhan For Respondent(s): Mr. P. Elayaraj Kumar Special Government Pleader for R1 Mr.Durai Gunasekaran Government Advocate (Crl.Side) for R2