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2026 DAILYLAW 62545 (MAD)

M.DEEPA v. THE COLLECTOR

WP/31787/2026 · 2026-08-13

Krishnan Ramasamy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 31787 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 31787 of 2026 M.Deepa W/o.Kamalakannan, No.2/520, K.Echambadi Village, Eachambadi Post, Karimangalam Taluk, Dharmapuri District. ..Petitioner(s) Vs 1. The Collector Dharmapuri District, Dharmapuri. 2. The Tasildhar Karimangalam Taluk, Dharmapuri District. 3. The Inspector of Police Kambainallur Police Station, Kambainallur, Dharmapuri District. 4. Suresh alias Thirumal, S/o.Theethagiri, No.519, Eachambadi Post, Eachampadi Village, Kambainallur(via), Karimangalam Taluk, Dharmapuri District. ..Respondent(s) __________ Page1 of 6 https://www.mhc.tn.gov.in/judis WP No. 31787 of 2026 PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus directing the 2nd respondent Tasildhar to conduct a survey of the petitioners property, i.e. Survey No.221/4C and 221/4D at Echambadi Village, Karimangalam Taluk, Dharmapuri District, on metes and bounds and mark the boundaries based on the fees paid on 22.05.2026, and to complete the survey proceedings within a time frame that may be fixed by this Court. For Petitioner(s): Mr. S.Sivakumar For Respondent(s): Ms. A. Bakkiya Lakshmi Additional Government Pleader for R1 and R2 Mr.Durai Gunasekaran Government Counsel (Crl.Side) for R3 ORDER The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the 2nd respondent to consider the petitioner’s representation dated 01.06.2026. 2. The petitioner claims to be the absolute owner of the property comprised in Survey Nos. 221/4A, 221/4B, 221/4C and 221/4D, measuring an extent of 1 acre and 28 cents, situated at Echambadi Village, Karimangalam __________ Page2 of 6 https://www.mhc.tn.gov.in/judis WP No. 31787 of 2026 Taluk, Dharmapuri District. She purchased the property from P. Theethaan and others under a registered sale deed bearing Document No. 948/2016 dated 14.07.2016, registered before the Sub-Registrar, Morappur, and the property is classified under Patta No.1456. 3. The petitioner alleges that the 4th respondent, whose property is adjacent to the petitioner’s land, has been interfering with her peaceful possession and enjoyment, particularly in respect of Survey Nos. 221/4C and 221/4D. Though the petitioner paid the requisite fees on 22.05.2026 and submitted representation seeking survey and demarcation of the boundaries, the survey could not be conducted due to the alleged obstruction caused by the 4th respondent and his men. Hence, she has filed the present Writ Petition seeking a direction to the 2nd respondent / Tahsildar to survey and demarcate the boundaries of the property in Survey Nos. 221/4C and 221/4D within a time frame to be fixed by this Court. 4. The learned Additional Government Pleader appearing for the official respondents submitted that a survey of the subject property had already been conducted on 15.05.2026. __________ Page3 of 6 https://www.mhc.tn.gov.in/judis WP No. 31787 of 2026 5. In reply, the learned counsel for the petitioner submitted that although the surveying authority visited the property to conduct the survey, the exercise could not be completed due to objections raised by the adjacent landowner. 6. Considering the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court directs the 2nd respondent to consider the petitioner's representation dated 01.06.2026 on its merits and in accordance with law. Consequently, the 2nd respondent is directed to conduct a survey of the petitioner's land—subject to the petitioner being found in possession of the property—comprising Survey Nos. 221/4C and 221/4D, situated at Echambadi Village, Karimangalam Taluk, Dharmapuri District. The 2nd respondent shall demarcate the boundaries and fix boundary stones, while ensuring comprehensive photographic and videographic documentation of the process. The survey shall preferably be conducted employing Differential Global Positioning System (DGPS) equipment. This exercise shall be carried out after issuing due notice to the petitioner, the 4th respondent, and any other interested parties. The entire cost of conducting the DGPS survey shall be borne solely by the petitioner. The entire exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order. __________ Page4 of 6 https://www.mhc.tn.gov.in/judis WP No. 31787 of 2026 7. It is made clear that in the event that any disturbance arises, the surveying authority is empowered to seek the assistance of the 3rd respondent jurisdictional Police, and the 3rd respondent 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. 8. With the above directions, this Writ Petition stands disposed of. No Costs. 13-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Asi __________ Page5 of 6 https://www.mhc.tn.gov.in/judis WP No. 31787 of 2026 KRISHNAN RAMASAMY, J. Asi To 1. The Collector, Dharmapuri District, Dharmapuri. 2. The Tasildhar, Karimangalam Taluk, Dharmapuri District. 3. The Inspector of Police Kambainallur Police Station, Kambainallur, Dharmapuri District. WP No. 31787 of 2026 13-08-2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis