S.Xaviour v. The Revenue Divisional Officer

ORDER This Writ Petition has been filed for a direction to the respondents to survey and demarcate the property, which according to the petitioner is owned by him and also to put up fencing stone around the petitioner's property with help of the jurisdictional police authority, based on his representation, dated

09.11.2023, within a time frame to be fixed by this Court.

¶2The petitioner had submitted an application through on-line on

26.07.2021 and a representation on 09.11.2023 for the aforesaid purpose. Since the same was not considered, the petitioner has filed this writ petition.

¶3In sofar as the relief of putting up the fencing stone around the petitioner's property is concerned, the said relief cannot be granted by this Court through this writ petition. The petitioner will have to work out his remedy by reaching an understanding with the rival claimant. Therefore, the only the relief that can be granted by this Court is to direct the respondents to conduct Page3 of 6 the survey and demarcation of boundaries, after hearing the objections of all the necessary parties, which includes the neighbouring land owners of the petitioner's property.

¶4Mr.C.Jayaprakash, learned Government Advocate accepts notice on behalf of the respondents 1 and 2.

¶5No prejudice would be caused to the respondents, if the 2nd respondent is directed to survey and demarcate the boundaries of the petitioner's properties morefully disclosed in the prayer to this writ petition, after hearing the objections, if any, from the neighbouring land owners as well as any other party whom they deem fit to put on notice, within a time frame to be fixed by this Court. Accordingly, this writ petition is disposed of in the following manner:-

(a) Before surveying the lands in question, the 2nd respondent is directed to issue notice to the neighbouring land owners, and also to any other party, if they deem fit to put on notice.

(b) After receiving objections if any and after considering the same, the 2nd respondent shall conduct survey and demarcate the boundaries of the property morefully described in the prayer to this writ petition, on merits and in accordance with law, within a period of twelve (12) weeks from the date Page4 of 6 of receipt of a copy of this order.

(c) If the need arises for police assistance and on a request made by the 2nd respondent, the Jurisdictional police authority shall render police assistance for the effective implementation of this order.

(d) There shall be no order as to costs. 02-04-2026 Index: Yes/No Speaking/Non-speaking order RKA Page5 of 6 To

¶1The Revenue Divisional officer Salem 5, Salem district

¶2The Tahsildar Taluk office, Kannankurichi, Kannankurichi Main road, Salem district WPoNo.o12210oofo2026 ABDULoQUDDHOSE,oJ. RKA WPoNo.o12210oofo2026 02-04-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-04-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE 1. S.Xaviour S/o. Savarimuthu, No. 95/13 Govinda Gounder thottam, Peramanur , Salem 7, Salem District 2. S.Elsi D/o. S.Savarimuthu, No. 95/13 Govinda Gounder thottam, Peramanur , Salem 7, Salem district ..Petitioner(s) Vs 1. The Revenue Divisional officer Salem 5, Salem district 2. The Tahsildar Taluk office, Kannankurichi, Kannankurichi Main road, Salem district ..Respondent(s) Writ petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus directing the respondents to consider the representation of the petitioners dated 9.11.2023 on the file of the respondents here in accordance with law and direct the second respondent to survey the petitioners land and put up fencing stone around the petitioners property with help of the jurisdictional police authority and comprised in Town Survey No. 30/2 , 30/3 measuring an extent of 4659 sq.feet out of 14.20 acre situated Inam Page2 of 6 T.D.No. 632 , C Ward Block 8 Periyeri Village, Salem Mitta, Salem 3, Joint sub Registrar office, Salem, Salem corporation, Salem district within a stipulated time as framed by this Court to secure the ends of justice and pass orders. For Petitioner(s): Mr.K.Kalaikovan S.K.Bharath Mahan For Respondent(s): Mr.C.Jayaprakash Government Advocate