Vijayalakshmi M v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Vijayalakshmi ...

Petitioner Vs.

1. The Tahsildar Andipatti Taluk, Theni District.

2. The Firka Surveyor, Shanmugasundarapuram Village, Theni District.

3. The Inspector of Police, Kana Vilakku Police Station, Theni District.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 2nd respondent to conduct survey with the assistance of the 3rd respondent and record the boundaries of the properties situated in Survey Nos.1043/2, 1047/2, 959/1, 959/3, 964/1A, 964/1C, 964/1D, 964/2C2A, 964/2C5 and 964/2C9, Shanmugasundarapuram Village, Theni District in pursuance to the petitioner's application No. 1/6

2025/0123/25/006620 dated 15.12.2025 as expeditiously as possible within the time stipulation as prescribed by this Court. For Petitioner : Mr.R.Anand For Respondents : Mr.S.Shanmugavel Additional Government Pleader (R1 & R2) M/s.M.Aasha Government Advocate (Crl Side) (R3)

O R D E R

This petition has been filed seeking to direct the 2nd respondent to conduct survey with the assistance of the 3rd respondent and record the boundaries of the properties situated in Survey Nos.1043/2, 1047/2, 959/1, 959/3, 964/1A, 964/1C, 964/1D, 964/2C2A, 964/2C5 and 964/2C9, Shanmugasundarapuram Village, Theni District in pursuance to the petitioner's application No.2025/0123/25/006620 dated 15.12.2025 as expeditiously as possible within the time stipulation as prescribed by this Court. 2/6

2. The learned counsel for the petitioner submitted that the petitioner has claimed ownership of 11 items of property situated in Shanmgasundarampuram village, identified by Survey Nos. 1043/2, 1047/2, 959/1, 959/3, 964/1A, 964/1C, 964/1D, 964/2C2A, 964/2C5, and 964/2C9. The petitioner asserts that these properties belong to her husband's family, and during a family partition, certain properties were allotted to the petitioner's husband, as documented in the partition deed (Doc. No. 4525/2016) dated 19.09.2016. Subsequently, her husband executed a registered settlement deed in favor of the petitioner (Doc. No. 2762/2024) on 08.05.2024. Now, the petitioner is seeking to survey the property and has submitted the necessary application along with the required fee.

3. Heard the learned Additional Government Pleader appearing for respondents 1 & 2 and the learned Government Advocate (Crl.Side) appearing for the 3rd respondent.

4. Considering the facts and circumstances of the case, this Court directs the 1st respondent to conduct the survey with the assistance of the second 3/6

respondent after issuing notice to the petitioner as well as the rival claimants if any. If necessary, seek police protection, the 3rd respondent shall provide police protection to survey the land. The Court is also directing the Official respondents to adhere to the following Standard Operating Procedures: a. 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.

b. After survey again the petitioner shall affix signature indicating that the survey was conducted to their satisfaction.

c. 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 12 weeks from the date of receipt of a copy 4/6

of this order.

5. With the above directions, this Writ Petition is disposed of. No costs. 17.03.2026 Index : Yes / No Internet : Yes NCC : Yes / No msrm To

1. The Tahsildar Andipatti Taluk, Theni District.

2. The Firka Surveyor, Shanmugasundarapuram Village, Theni District.

3. The Inspector of Police, Kana Vilakku Police Station, Theni District.

4. The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai 5/6

S.SRIMATHY, J msrm Order made in 17.03.2026 6/6