A.Vijayakumari v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2026

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY A.Vijayakumari ... Petitioner Vs

1. The Tahsildar, Taluk Office, Aruppukkottai Taluk, Virudhunagar District.

2. R.Kathiresan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to survey and demarcate petitioner land which is located in SF.No.417/4 of Villipathiri Village, in Aruppukottai Taluk, of Virudhunagar District with the protection of the jurisdictional police if necessary in consonance with section 10(1) of the Tamil Nadu Survey and Boundaries Act, 1923, based on petitioner's application No.2026/N123/26/000401 dated 17.03.2026 and by considering petitioner's representation dated 20.03.2026 within the time frame fixed by this Honourable Court.

For Petitioner : Mr.S.Ramanathan For R-1 : Mr.T.Amjadkhan Government Advocate 1/6

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the first respondent to survey and demarcate petitioner land situated in SF.No.417/4 of Villipathiri Village, in Aruppukottai Taluk, of Virudhunagar District, with the protection of the jurisdictional police, if necessary, in consonance with section 10(1) of the Tamil Nadu Survey and Boundaries Act, 1923, based on petitioner's application No.2026/N123/26/000401 dated 17.03.2026 and by considering petitioner's representation dated 20.03.2026 within the time frame fixed by this Court.

2. The petitioner is claiming right over the property through a registered sale deed vide Document No.3922 of 2013 dated 22.11.2013. However, the petitioner has been subjected to two proceedings wherein he was arrayed as the sixth respondent on allegations of encroaching the pathway. The second respondent herein had filed a writ petition in W.P. (MD) No. 7518 of 2024, and the Honourable Division Bench, by order dated 18.03.2025, directed to remove the encroachment. After affording an opportunity, the respondents initiated further proceedings. The petitioner also challenged one such order passed under Section 10 in W.P. (MD) No. 2953 of 2026. This Court vide order dated 11.02.2026 held that the new Survey No. 417/2 is classified as a pathway ("Pathai") and that the 2/6

petitioner is entitled only to Survey No. 417/4. Therefore, dismissing the appeal for Survey No.417/2 is correct and there is no infirmity in the order. In these circumstances, the petitioner has filed the present writ petition seeking to survey and demarcate the property.

3. The learned Government Advocate appearing for the first respondent submitted that the petitioner is entitled only to Survey No. 417/4 and not to Survey No. 417/2.

4. In view of the above, the first respondent is directed to conduct a survey in respect of Survey No.417/4 alone, as per the petitioner's sale deed, after issuing notice to the petitioner as well as to the second respondent. If the first respondent requires any police protection, the same shall be provided 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.

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• 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.

5. 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:

The Tahsildar, 4/6

Taluk Office, Aruppukkottai Taluk, Virudhunagar District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 26.03.2026 6/6