M.Santhanam v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Santhanam ... Petitioner Vs
1. The Tahsildar, Nanguneri, Tirunelveli District.
2. The Surveyor,, Taluk Surveyor, Nanguneri, Tirunelveli District.
3. Sankaran
4. Patchammal
5. Nallakannu ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 herein to conduct the survey and demarcate four boundaries in respect of the property in Survey No.44 Sub division No.1C1A situated at Unnankulam Village, Nanguneri Taluk, Tirunelveli District and consequently direct the respondents 1 and 2 to issue a survey reports within stipulated time as fixed by this Court. 1/5
For Petitioner : Mr.N.Tamilmani For R-1 & R-2 : Mr.D.Gandhiraj Special Government Pleader
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents 1 and 2 herein to conduct the survey and demarcate four boundaries in respect of the property in Survey No.44 Sub division No.1C1A situated at Unnankulam Village, Nanguneri Taluk, Tirunelveli District and consequently, direct the respondents 1 and 2 to issue a survey reports within stipulated time as fixed by this Court.
2. The petitioner claims right over the property based on the decree passed in O.S. No. 28 of 2006 on the file of the District Munsif Court, Nanguneri. Subsequently, the petitioner filed E.P. No. 49 of 2007 seeking civil arrest. The Court also ordered an arrest warrant against the second defendant in the original suit. Thereafter, he was released on the same day after giving an undertaking that he would not disturb the petitioner's peaceful possession. Subsequently, the second defendant died, but his legal heirs, who are arrayed as respondents 4 and 5, are disturbing the petitioner's possession. Hence, the petitioner is seeking to survey and demarcate the property.
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3. The first respondent / Tahsildar is directed to survey the property with the assistance of the second respondent after issuing notice to the petitioner as well as respondents 3 to 5. If the first respondent requires any police protection, the same shall be granted by the jurisdictional police. The official respondents shall adhere to the following Standard Operating Procedures: • 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. • After survey again the petitioner shall affix signature indicating that the survey was conducted to their satisfaction.
• 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 twelve weeks from the date of receipt of a copy of this order. 3/5
4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
24.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:
1. The Tahsildar, Nanguneri, Tirunelveli District.
2. The Surveyor,, Taluk Surveyor, Nanguneri, Tirunelveli District.
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S.SRIMATHY , J.
jbr ORDER MADE IN DATED : 24.03.2026 5/5