Writ Petition No.5912 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.02.2025 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.5912 of 2025 and W.M.P.No.6494 of 2025 T.Chitra W/o.Ponmudi Selvan ... Petitioner Vs. 1.The District Collector, 7/1, State Bank Road, Gopalapuram, Coimbatore - 641 018. 2.The Revenue Divisional Officer, Coimbatore North Taluk, Dr.Balasundram Road, Coimbatore - 641 018. 3.The Tahsildar, Coimbatore North Taluk, Dr.Balasundram Road, Coimbatore - 641 018. 4.Head Surveyor/Sub-Taluk Surveyor, O/o.Tahsildar, Coimbatore North Taluk, Dr.Balasundram Road, Coimbatore - 641 018. 1/8 https://www.mhc.tn.gov.in/judis Writ Petition No.5912 of 2025 5.Sub-Inspector (Survey), O/o.The Tahsildar, Coimbatore North Taluk, Dr.Balasundram Road, Coimbatore - 641 018. 6.Manivel 7.Gayathiri Kalaiselvi 8.Ashok 9.S.Aravind ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorari calling for the records relating to the proceedings of the fifth respondent dated 04.12.2024, quash the same, direct the respondents 3, 4 and 5 to measure and lay survey stones for the petitioner's property admeasuring 50 cents in S.F.No.282/2 at Saravanapatti Village, Coimbatore North Taluk, Coimbatore. For Petitioner : Mr.R.AN.Amarnath For Respondents : Mr.M.R.Gokulkrishnan Additional Government Pleader [R1 to R5] ***** O R D E R This writ petition has been filed challenging the impugned proceedings of the fifth respondent dated 03.12.2024 (signed on 04.12.2024) and for a direction to the respondents 3 to 5 to conduct a survey in the subject property and demarcate the boundaries. 2/8 https://www.mhc.tn.gov.in/judis Writ Petition No.5912 of 2025 2. Heard Mr.R.AN.Amarnath, learned counsel appearing for petitioner and Mr.M.R.Gokulkrishnan, learned Additional Government Pleader appearing for respondents 1 to 5. 3. There was a dispute between the petitioner and the ninth respondent, who is the petitioner's brother's son. The petitioner wanted to conduct a survey in the subject property. Initially, it was rejected by the Tahsildar through proceedings dated 15.12.2017 and the petitioner came before this Court and filed W.P.No.9060 of 2018. This writ petition was allowed by an order dated 27.11.2019 and a direction was given to the Tahsildar to measure the property based on the representation made by the petitioner in the presence of the said Aravind. 4. Pursuant to the above order, notice was issued by the Surveyor and the said Aravind challenged the same before this Court in W.P.No.5057 of 2020. This writ petition was disposed of by an order dated 19.02.2021 by issuing a direction to the authorities to conduct an enquiry and to take a decision. 3/8 https://www.mhc.tn.gov.in/judis Writ Petition No.5912 of 2025 5. Pursuant thereto, the Tahsildar, through proceedings dated 03.12.2021, rejected the request made by the petitioner seeking for survey. Aggrieved by the same, an appeal came to be filed before the Revenue Divisional Officer, viz., the second respondent. The second respondent, after considering the claim made by the petitioner and on considering the materials placed before the authority, passed an order dated 31.01.2024 and the relevant portion is extracted hereunder: @,e;neu;tpy;. nky;KiwaPl;Ljhuuhy; rku;g;gpf;fg;gl;l Mtz';fis guprPyid bra;jjpYk;. fpuhk Mtz';fspd; mog;gilapYk;. nky;KiwaPl;Ljhuupd; thj';fis neupy; nfl;lwpe;jjpYk; kw;Wk; ,t;tYtyfj;jpy; nkw;bfhs;sg;gl;l tprhuizapd; mog;gilapYk; nfhak;g[j;J}hu; tlf;F tl;lk;. rutzk;gl;o fpuhkk;. f/r/vz;/282-2 be/ rhiyapy; cs;s g[/V/0/50 brz;l; tp!;jPuzKs;s g{kpahdJ fhe;jpg[uk; rhu;gjpthsu; mYtyf brl;oy;bkz;l; Mtz vz;/7807-2016. ehs; 28/09/2016?d;go jpUkjp/rpj;uh vd;gtUf;F ghj;jpag;gl;lJ bjupatUfpwJ/ nkYk;. nfhak;g[j;J}u; khtl;lk;. nfhak;g[j;J}u; tlf;F tl;lk;. rutzk;gl;o fpuhkk;. f/r/vz;/282-2 be/ rhiyapy; cs;s g[/V/0/50 brz;l; tp!;jPuzKs;s g{kpapid ,Ujug;gpdUf;Fkpilna gpur;ridfs; VJk; Vw;glhjthW nky;KiwaPl;Ljhuuhd jpUkjp/rpj;uh kw;Wk; vjpu;kDjhuu; ,UtuJ Kd;dpiyapy; rutzk;gl;o fhty; Ma;thsu; cjtpa[ld; epy msit gzpfs; nkw;bfhz;L vy;iyfs; mse;J fhz;gpf;FkhW nfhak;g[j;J}u; tlf;F tl;lhl;rpaUf;F ,jd;K:yk; cj;jutplg;gLfpwJ/@ 6. Pursuant to the above orders, steps were taken to survey the 4/8 https://www.mhc.tn.gov.in/judis Writ Petition No.5912 of 2025 subject property and it was once again objected by the said Aravind, who is the ninth respondent in this writ petition. Hence, the fifth respondent issued the proceedings dated 04.12.2024 stating that the survey was not able to be conducted due to the objections made by the ninth respondent. Aggrieved by the same, the present writ petition has been filed before this Court. 7. In the considered view of this Court, an order has also been passed by the second respondent and the second respondent had directed the survey to be conducted. Till this order is in force, the Tahsildar and the Surveyor will have to conduct the survey in the property and if there is any resistance, the same should be done with the help of police protection. Just because the ninth respondent is resisting, that by itself is not a ground to desist implementation of the order passed by the second respondent. 8. In view of the same, there shall be a direction to the respondents 3 to 5 to carry out the survey in the subject property as directed by the second respondent through proceedings dated 31.01.2024. This process shall be completed within a period of two (2) 5/8 https://www.mhc.tn.gov.in/judis Writ Petition No.5912 of 2025 weeks from the date of receipt of a copy of this order. The survey shall be conducted in the presence of the petitioner and the ninth respondent. This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 25.02.2025 Neutral Citation: Yes/No Index: Yes/no Speaking Order/Non-Speaking Order gm 6/8 https://www.mhc.tn.gov.in/judis Writ Petition No.5912 of 2025 To 1.The District Collector, 7/1, State Bank Road, Gopalapuram, Coimbatore - 641 018. 2.The Revenue Divisional Officer, Coimbatore North Taluk, Dr.Balasundram Road, Coimbatore - 641 018. 3.The Tahsildar, Coimbatore North Taluk, Dr.Balasundram Road, Coimbatore - 641 018. 4.The Head Surveyor/Sub-Taluk Surveyor, O/o.Tahsildar, Coimbatore North Taluk, Dr.Balasundram Road, Coimbatore - 641 018. 5.The Sub-Inspector (Survey), O/o.The Tahsildar, Coimbatore North Taluk, Dr.Balasundram Road, Coimbatore - 641 018. 7/8 https://www.mhc.tn.gov.in/judis Writ Petition No.5912 of 2025 N.ANAND VENKATESH, J gm Writ Petition No.5912 of 2025 25.02.2025 8/8 https://www.mhc.tn.gov.in/judis