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Madras High CourtWP(MD)/6612/2026disposed of

C.Eswaramoorthy v. The Tahsildar

2026-03-12Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY C.Eswaramoorthy ...

Petitioner Vs.

1. The Tahsildar, Madurai East Taluk, Madurai District.

2. The Head Surveyor, East Taluk Office, Madurai District.

3. The Inspector of Police, Karuppayoorani Police Station, Madurai District.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents 1 and 2 to survey, demarcate and mark the four boundaries of the petitioner's property to the total extent of 3600 Square feet (8.26 Cents) Patta No.1449 in Survey No.58/3A27 situated at Plot No.76 & 77 Andarkottaram Village, Karuppayoorani Sub Division 1/7

Madurai East, Madurai District and consequently, direct the 3rd respondent to give a police protection at the time of survey the land alone within a specific period as fixed by this Court.

For Petitioners : Mr.P.Rengaraju 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 respondents 1 and 2 to survey, demarcate and mark the four boundaries of the petitioner's property to the total extent of 3600 Square feet (8.26 Cents) Patta No.1449 in Survey No. 58/3A27 situated at Plot No.76 & 77 Andarkottaram Village, Karuppayoorani Sub Division Madurai East, Madurai District and consequently, direct the 3rd respondent to give a police protection at the time of survey the land alone within a specific period as fixed by this Court.

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2. The learned counsel appearing for the petitioner submitted that the property originally belonged to N. Murugesan, son of Narayanasamy, and his wife, M. Latha. Both Murugesan and his wife jointly executed a sale deed (Document No. 1612 of 2024, dated 06.03.2024) to an extent of 3600 sq. ft. (8.26 cents) in favour of the petitioner. The petitioner has since been in possession and enjoyment of the said property. However, due to a natural calamity, the survey boundary stones erected on the land were destroyed. Therefore, the petitioner seeks to have the land surveyed afresh and to re-erect the boundary stones. It is further submitted that the petitioner has already filed an application along with the requisite fees, but the respondent has failed to consider the same.

3. The learned Additional Government Pleader appearing for respondents 1 and 2, and the learned Government Advocate (Criminal Side) appearing for the third respondent, submitted that even after the execution of the sale deed, the petitioner has not mutated the revenue records, which continue to remain in the name of the previous owner, and that the application submitted by the petitioner is still pending.

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4. Considering the facts and circumstances of the case, this Court directs the 1st respondent to conduct the survey with assistance of the 2nd respondent after issuing notice to the petitioner and 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 4/7

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. After survey the respondents shall consider for mutating the revenue records and issue patta to the petitioner. The said exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs. 12.03.2026 Index : Yes / No Internet : Yes NCC : Yes / No msrm 5/7

To

1. The Tahsildar, Madurai East Taluk, Madurai District.

2. The Head Surveyor, East Taluk Office, Madurai District.

3. The Inspector of Police, Karuppayoorani Police Station, Madurai District.

4. The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai 6/7

S.SRIMATHY, J msrm Order made in W.P.(MD)No. 6612 of 2026 12.03.2026 7/7