Gandhi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2026

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Gandhi ... Petitioner Vs

1. The Tahsildar, Kamuthi Taluk, Ramanathapuram District.

2. The Head Surveyor, Taluk Office, Kamuthi, Ramanathapuram District.

3. The Inspector of Police, Abiramam Police Station, Kamuthi Taluk, Ramanathapuram District.

4. Kalithass

5. Tharmendhiran ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to conduct survey and demarcate the petitioners land measuring 4.31 Acres comprised in Survey No.59/1 situated at Natham Village, Kamuthi Taluk, Ramanathapuram District on the basis of Patta No.216 and the petitioners application dated 14.07.2025 together with representation dated 12.09.2025, 1/5

within a time frame to be fixed by this Court and further direct the 3rd respondent to provide necessary police protection for conducting the survey. For Petitioner : Mr.Balamurugan.S For R-1 & R-2 : Mrs.S.Jeya Priya, Special Government Pleader For R-3 : Mrs.M.Aasha Government Advocate

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to conduct survey and demarcate the petitioners land measuring 4.31 Acres comprised in Survey No.59/1 situated at Natham Village, Kamuthi Taluk, Ramanathapuram District on the basis of Patta No.216 and the petitioners application dated 14.07.2025 together with representation dated 12.09.2025, within a time frame to be fixed by this Court and further directing the third respondent to provide necessary police protection for conducting the survey.

2. The petitioner has right over the property through a sale deed vide Document No.45 of 1984. The patta has also been mutated in the name of the petitioner under Patta No. 216. It is stated that the said property had already been 2/5

surveyed, the boundaries demarcated and survey stones installed. However, respondents 4 and 5 allegedly removed the survey stones, for which the petitioner lodged a criminal complaint and an FIR was registered in Crime No. 136 of 2022 dated 03.05.2022. In these circumstances, the petitioner is seeking to re-survey the property and reinstall the boundary stones.

3. In view of the above, the first respondent is directed to conduct a survey with the assistance of the second respondent, after issuing notice to the petitioner as well as to respondents 4 and 5. If the first respondent requires police protection, the same shall be provided by the third respondent. 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 3/5

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.

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

26.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The Tahsildar, Kamuthi Taluk, Ramanathapuram District.

2. The Head Surveyor, Taluk Office, Kamuthi, Ramanathapuram District.

3. The Inspector of Police, Abiramam Police Station, Kamuthi Taluk, Ramanathapuram District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 26.03.2026 5/5