Nachal v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2026

CORAM:

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

1. The Tahsildar, Karaikudi Taluk, Sivagangai District.

2. The Head Surveyor, Survey Department, Karaikudi Taluk, Karaikudi, Sivagangai District.

3. The Inspector of Police, Kallal Police Station, Kallal, Sivagangai District.

... 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 survey and demarcate the land situated in Old Survey No.104/2, New Survey No.104/7B to an extent of 0.14.28 Ares at Kallal Village, Karaikudi Taluk and Sivagangai District, within a stipulated time as fixed by this Court and consequently direct the third respondent to provide adequate protection for conducting survey.

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For Petitioner : Mr.Karthigaivel A For R-1 & R-2 : Mr.D.Gandhiraj Special Government Pleader For R-3 : Mrs.M.Aasha Government Advocate (Crl. side)

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to survey and demarcate the land situated in Old Survey No.104/2, New Survey No.104/7B to an extent of 0.14.28 Ares at Kallal Village, Karaikudi Taluk and Sivagangai District, within a stipulated time as fixed by this Court and consequently direct the third respondent to provide adequate protection for conducting the survey.

2. The learned Counsel appearing for the petitioner submitted that the petitioner's husband was the owner of the property and that he died long ago. Thereafter, the petitioner being the legal heir inherited the property the land in Survey No.104/7 Natham Survey No.104/7B to an extent of 0.14.28 Ares and has been in possession and enjoyment of the property for several years. The petitioner is also paying the necessary tax to the authorities. The revenue records have been mutated and patta has been issued in the name of the petitioner in Patta No.525 2/6

and chitta has also been issued. He further submitted that there are no rival claims with respect to the said property. The petitioner had submitted an application as early as 2024 for fixing the four boundaries. However, the respondents without conducting a proper survey, orally indicated the boundaries. Since the boundaries are not clearly demarcated, the petitioner has sought for a proper survey and demarcation of the property.

3. Considering the submissions made by the learned Counsel for the petitioner, this Court is directing the first respondent / Tahsildar to conduct a survey with the assistance of the second respondent, after issuing notice to the petitioner as well as to the rival claimants, if any. If the first respondent requires any 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 3/6

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.

30.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes jbr 4/6

To:

1. The Tahsildar, Karaikudi Taluk, Sivagangai District.

2. The Head Surveyor, Survey Department, Karaikudi Taluk, Karaikudi, Sivagangai District.

3. The Inspector of Police, Kallal Police Station, Kallal, Sivagangai District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 30.03.2026 6/6