K.Sheik Abdulla v. The District Collector

ORDER The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's survey Application No. 2026/0123/13/001745 dated 23.03.2026 conduct a survey of the petitioners property with the assistance of the police authorities if necessary and pass the appropriate final orders within a time frame may be fixed by this Court.

2.The petitioner claims that he had purchased the property comprised in survey Nos. 343/2 and 343/9, admeasuring 0.19 hectare from one M.Mani Aasaru through Registered Sale Deed Document No.835 of 2000 dated 03/11/2000. Thereafter, the petitioner has purchased the re-survey No.343/3 admeasuring 0.26 ares from oneLakshmiammal through a registered sale deed Doc.No.6787 of 2001 dated

22.08.2001. There was a dispute regarding the property. Therefore, in order to protect the possession and enjoyment, the petitioner had filed a suit for declaration and permanent injunction against a certain persons in O.S.No.34 or 2003 on the file of the District Munsif cum Judicial Magistrate Court, uh Kodaikanal. The said suit was allowed and decreed in favor of the petitioner vide judgment dated 31.08.2005 and the litigation has attained finality. In such circumstances, the petitioner is seeking to survey and demarcate the property.

3.Therefore, this Court is directing the Tahsildar to conduct the survey and demarcate the property after issuing notice to the petitioner and the adjacent land owners, ie., respondents 7 to 9. If the Tahsildar is seeking any police protection, the jurisdictional police shall provide the same. The official respondents shall adhere to the following Standard Operating Procedures: • The official respondents shall issue notice to the petitioner immediately reaching the spot where survey is to be conducted. The petitioner shall affix the signature by receiving the notice of survey. • After survey again the petitioner shall affix signature indicating that the survey was conducted to their satisfaction. • If the petitioner is not satisfied, then also the petitioner shall affix signature indicating their dissatisfaction or with protest. The petitioner shall indicate that reason of their dissatisfaction or protest. The aforesaid procedure shall be strictly followed by the parties. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

4.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. 24-07-2026 Tmg Note: Issue order copy on 30.07.2026. To

¶1The District Collector The District Collectorate office Dindigul

¶2The Revenue Divisional Officer The Revenue Division office Kodaikanal

¶3The Tahsildar Tahsildar Office Kodaikanal

¶4The Head Surveyor Survey Section Tahsildar Office Kodaikanal.

¶5The Frika Surveyor Poombarai Village Kodaikanal.

¶6The Inspector of Police Anna Salai, Kodaikanal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24-07-2026 CORAM THE HONOURABLE MRS JUSTICE S.SRIMATHY WP(MD) NO. 21104 of 2026 K.Sheik Abdulla Petitioner(s) Vs 1. The District Collector The District Collectorate office Dindigul 2. The Revenue Divisional Officer The Revenue Division office Kodaikanal 3. The Tahsildar Tahsildar Office Kodaikanal 4. The Head Surveyor Survey Section Tahsildar Office Kodaikanal. 5. The Frika Surveyor Poombarai Village Kodaikanal. 6. The Inspector of Police Anna Salai Kodaikanal 7. K. R. Paul Raj 8. K.R.Durai Raj 9. K.R.Natraayan Respondent(s) For Petitioner(s): Mr.M.Mohamed Nihal For Respondent(s): Mr.S.Siva Thilakar, Counsel for State of Tamil Nadu for R1 to 5 Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondents to consider the petitioner's survey Application No.2026/0123/13/001745 dated 23.03.2026 conduct a survey of the petitioners property with the assistance of the police authorities if necessary and pass the appropriate final orders within a time frame may be fixed by this Court.