N.Chandrakumar v. The Thasildhar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18-03-2026
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY WP(MD) NO. 7670 of 2026 and WMP(MD)No.6267 of 2026 N.Chandrakumar Petitioner(s) Vs
1. The Thasildhar Thiruppathur Taluk Sivagangai District.
2. The Executive Officer Thiruppathur Town Panchayat Sivagangai District.
Respondent(s) For Petitioner(s): Mr.S.M.Mohan Gandhi For Respondent(s): Mr.D.Gandhiraj, Special Government Pleader for R1 Mr.M.Senthil Ayyanar, Government Advocate for R2 Prayer:
Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the 1st Respondent to conduct a survey and demarcate the petitioners land comprised in Survey Nos. 372/15 and 372/16 situated at Tirupathur Town, Sivagangai District pursuant to the judgment in O.S.No.235 of 1971 dated 03.04.1973 passed by the District Munsif, Sivagangai District.
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 1st Respondent to conduct a survey and demarcate the petitioners land comprised in Survey Nos. 372/15 and 372/16 situated at Tirupathur Town, Sivagangai District pursuant to the judgment in O.S.No.235 of 1971 dated 03.04.1973 passed by the District Munsif, Sivagangai District. 2.The petitioner is the owner of the property to the Survey No.372/16. One Nagarjan, who is running a shop in survey No.372/17. In between the said two survey numbers, there is a channel which extends to 10.5 feet width, 27.5 feet length + 18 feet length. Subsequent to this extent, the channel also extends further beyond Madurai road. 3.The contention of the petitioner is that the person who is in occupation of the survey No.
372/17 has put up construction in the channel, but the second respondent has deviated the original channel and has created a new channel which is near to the petitioner's survey No.372/16. Hence, the petitioner is seeking to survey the petitioner's property and demarcate the same. 4.The 1st respondent Tahsildar shall survey the property after issuing notice to the petitioner as well as to the said Nagarajan and also to the second respondent.
survey shall be conducted as per the FMB sketches available in the revenue records and also the documents available with the petitioner and the second respondent and the said Nagarajan. The Court is directing the 1st respondent to adhere to the following Standard Operating Procedures:
a.The 1st respondent 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.
It is made clear that the channel shall be maintained as a channel without deviation from the original channel. If there is any encroachment, the same shall be removed as per law. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. In the meantime, if the respondents are putting up any new construction in the channel, the same shall be kept in abeyance. 5.With the above observations, this Writ Petition is disposed of. There shall be no
order as to costs. Consequently, connected miscellaneous petition is closed. 18-03-2026 Tmg To
1. The Thasildhar Thiruppathur Taluk Sivagangai District.
2. The Executive Officer Thiruppathur Town Panchayat Sivagangai District.