Nattar v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER Nattar ... Petitioner -vs1.The Commissioner, Thoothukudi Municipal Corporation, Thoothukudi.

2.The Tahsildar, Thoothukudi.

3.The Government Town Surveyor, Thoothukudi Municipal Corporation Office, Thoothukudi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's application dated 26.11.2025 (Receipt No.138/01/35/25-26/0015606) and to conduct survey and demarcation of the subject properties comprised in Survey Nos.3844, 3851, 3852 and 3852/1A, Ward No.2, Block No.35C, Thoothukudi, measuring a total extent of 1 Acre and 58 Cents, within a time frame to be stipulated by this Court.

For Petitioner : Mr.N.Mathesh Saravanan

For R1 and R3 : Mr.N.Anadakumar Standing Counsel For R2 : Mr.B.Ramanathan Additional Government Pleader

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the respondents to consider the petitioner's application dated 26.11.2025 (Receipt No. 138/01/35/25-26/0015606) and to conduct survey and demarcation of the subject properties comprised in Survey Nos.3844, 3851, 3852 and 3852/1A, Ward No.2, Block No.35C, Thoothukudi, measuring a total extent of 1 Acre and 58 Cents, within a time frame to be stipulated by this Court.

2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that the petitioner is one of the absolute owners of the subject properties and is in possession and enjoyment thereof. With a view to properly identifying the boundaries and avoiding future disputes, the petitioner submitted an application dated 26.11.2025

before the competent revenue authorities seeking survey and demarcation of the said lands. Despite the receipt of the said application, the respondents have failed to take any action to survey and demarcate the petitioner's lands within a reasonable time. Hence, the petitioner has been constrained to approach this Court by filing the present Writ Petition for the relief stated supra.

4. The learned Additional Government Pleader appearing for the second respondent would submit that proper steps would be taken to survey and demarcate the lands in accordance with Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923.

5. Recording the aforesaid submission, this Court directs the respondents to consider the petitioner's application dated 26.11.2025 and demarcate the subject properties, after considering the claims of the petitioner and any other rival parties, if any, and to pass orders in accordance with Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923, within a period of sixteen weeks from the date of receipt of a copy of this order. In the event of any rival claims, the parties are at liberty to work out their remedies before the Civil Court.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 27.02.2026 smn2 To:- 1.The Commissioner, Thoothukudi Municipal Corporation, Thoothukudi.

2.The Tahsildar, Thoothukudi.

3.The Government Town Surveyor, Thoothukudi Municipal Corporation Office, Thoothukudi.

K.SURENDER , J.

smn2 27.02.2026