M.Ramu, v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2026

CORAM

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

Petitioner Vs.

1. The Tahsildar Taluk Office, Devakottai Taluk, Sivagangai District.

2. The Taluk Surveyor, Taluk Office, Devakottai Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to survey and demarcate the petitioner's property comprised in New Survey No.164/9B, Situated at Thanukathanayal Village, Kandiyur Group, Devakottai Taluk, Sivagangai District by considering the petitioner's representation dated 01.07.2025 within the stipulated time fixed by this Court.

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For Petitioners : Mr.Akhilesh Sudhakar For Respondents : Mr.SRA.Ramachandran Additional Government Pleader

O R D E R

This petition has been filed seeking to direct the respondents to survey and demarcate the petitioner's property comprised in New Survey No. 164/9B, Situated at Thanukathanayal Village, Kandiyur Group, Devakottai Taluk, Sivagangai District based on the petitioner's representation dated 01.07.2025 within the stipulated time.

2. The learned counsel for the petitioner submitted that the property originally belonged to one Muthaiah. Subsequently, it was sold to Somu, son of Subbaiah Ambalam, and thereafter to K. Hammed, who was in possession of the property. After demise of K.Hammed, his legal heirs sold the property to the petitioner. The petitioner now seeks to have the property surveyed and demarcated based on the sale deed dated 11.09.2024, registered as Document No. 5426 of 2024.

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3. The learned Additional Government Pleader, on instructions, submitted that the patta does not stand in the name of the petitioner's vendor, rather, it stands in the name of the vendor's predecessor under Patta No. 1351. It was further submitted that the subsequent vendor failed to effect mutation of the patta and update the revenue records. Furthermore, the learned Additional Government Pleader stated that, as per a manual survey already conducted, the petitioner is entitled to 8 cents of land; however, only 6 cents are presently in the petitioner's possession, with the remaining portion under the occupation of another person. This statement has been recorded.

4. Considering the facts and circumstances of the case, and recognizing that the petitioner is entitled to the property under the sale deed. The respondent is therefore directed to conduct a survey of the property through DGPS and furnish a report to the petitioner. The petitioner claims that only 6 cents are available on the ground. With regard to possession, if any person is found to be in occupation of the property, the petitioner shall not evict them under the pretext of conducting a survey, except by following due process of law. The Court is also 3/6

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 4/6

shall be completed within a period of twelve 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. 17.03.2026 Index : Yes / No Internet : Yes NCC : Yes / No msrm To

1. The Tahsildar Taluk Office, Devakottai Taluk, Sivagangai District.

2. The Taluk Surveyor, Taluk Office, Devakottai Taluk, Sivagangai District.

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

S.SRIMATHY, J msrm Order made in W.P.(MD)No. 7320 of 2026 17.03.2026 6/6