Kuppan vs The Revenue Tahsildar & Ors.

The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus, forbearing respondents 1 to 3 from conducting any survey, taking measurements, demarcating, or altering the physical features of the subject property, measuring 4.50 acres in S.No. 517/2, 1.50 acres in S.F.No. 517/3, and 3.77 acres in S.F.No. 518/A situated at Nathathahalli Village, Nallampalli Taluk, Dharmapuri District, by considering the petitioner’s objection dated 18.08.2026.

The learned counsel for the petitioner submitted that under the pretext of implementing the order dated 02.07.2026 passed by this Court in W.P.No. 25176 of 2026, the respondents are attempting to take possession of the property without following the due process of law, by deploying a JCB excavator and a large contingent of police personnel.

The learned Additional Government Pleader appearing for respondents 1 and 2 submitted that pursuant to the order dated 02.07.2026 passed by this Court, the surveying authority, along with police personnel, attempted to conduct the survey on 21.07.2026. However, the same could not be completed due to obstructions caused by the petitioner. Consequently, the final survey has been scheduled for 23.09.2026. He further submitted that the official respondents, including the police, would not interfere with or dispossess the petitioner in the event that any boundary measurement falls within the petitioner’s patta land.

The learned counsel for the 4^th respondent submitted that they would not take possession of the property without due process of law. He further requested that if the measurement falls within the petitioner's land, the respondents may be directed to proceed with the survey strictly in accordance with the order passed by this Court on 02.07.2026. He assured that possession of the property would not be taken over under the pretext of conducting the survey. He further submitted that any recovery or taking over of possession would be effected strictly by approaching a competent Civil Court.

Considering the facts and circumstances of the case, the official respondents are directed to demarcate the boundaries and fix boundary stones, while ensuring comprehensive photographic and videographic documentation of the entire process. The survey shall preferably be conducted employing Differential Global Positioning System (DGPS) equipment. Under no circumstances shall the respondents survey or encroach upon the exclusive land of the petitioner. However, if any overlapping boundary measurement falls within the petitioner's asserted land, the same shall be measured accurately to fix standard boundary stones. In the event that the subject land under survey is found to be in the possession of the petitioner or any other party, recovery of possession can only be effected through the due process of law before a competent Civil Court. Under no circumstances shall the respondents take over physical possession after completing the survey to hand it over to any third party. Such an exercise shall be carried out exclusively through the competent Civil Court. It is further made clear that no fencing of the property shall be carried out at this stage.

The Police personnel are directed to provide adequate protection strictly for the purpose of conducting the survey, and they shall not involve themselves in any act of taking over possession.

Under these circumstances, this Court directs respondents 1 and 2 to re-schedule the survey to 28.09.2026. The petitioner is directed to extend full cooperation for the survey to be conducted on 28.09.2026.

In view of the above, this Court appoints Ms. K. Anusya (MS/5232/2023), residing at No. 90, 10^th Cross Street, Senthil Nagar, Kolathur, Chennai – 600099 (Contact No: 86108 79308), as the Advocate Commissioner. The Advocate Commissioner is directed to be physically present at the time of the survey and the laying of boundary stones, to observe the entire survey process, and to file a report before this Court. She shall be paid a remuneration of Rs. 50,000/- (Rupees Fifty Thousand only), which shall be borne equally by the petitioner and the fourth respondent, and paid on or before 25.09.2026.

With the above observations and directions, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

List this matter “for reporting compliance” immediately after the submission of the report by the Advocate Commissioner.