K.Masilamani v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2026

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.Masilamani ... Petitioner Vs

1. The Tahsildar, Singampunari Taluk, Sivagangai District.

2. The Taluk Head Surveyor, Singampunari Taluk, 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 to conduct survey in the Nanja land situated in Survey No. 170/1, to an extent of 30 Ares, in Patta No. 1176, Eriyur Revenue Village, Singampunari Taluk, Sivagangai District, based on the petitioner's application dated 13.10.2025 and his representation dated 27.10.2025.

For Petitioner : Mr.T. Veerakumar For Respondents : Mr.S.Shanmugavel Additional Government Pleader 1/5

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents to conduct survey in the Nanja land situated in Survey No. 170/1, to an extent of 30 Ares, in Patta No. 1176, Eriyur Revenue Village, Singampunari Taluk, Sivagangai District, based on the petitioner's application dated 13.10.2025 and his representation dated 27.10.2025.

2. The petitioner is claiming right over the property in Survey No.170/1 measuring an extent of 30 ares based on the Patta No.1176. Originally, the land belonged to the petitioner's father-in-law, who executed a Will bequeathing the property to his wife, Vellaiammal. The said Vellaiammal, in turn, executed a registered gift settlement deed in favour of her daughter, namely Yasothai, vide Document No. 147/2002 dated 13.02.2002. Consequently, the patta stands in the name of the petitioner's wife under Patta No. 1176. Subsequently, the petitioner's wife died on 15.09.2021, leaving behind the petitioner, two sons, and one daughter, namely Anbuselvam, Amarnath, and Auradha and they were in possession and enjoyment of the property. Hence, the present Writ Petition has been filed.

3. The petitioner has also produced a registered Will executed in favour of 2/5

the said Vellaiammal dated 04.07.2000 and a registered settlement deed dated 11.02.2002. Therefore, this Court is directing the first respondent to conduct a survey with the assistance of the second respondent after issuing notice to the petitioner, and the rival claimants, if any. If the first respondent requires police protection, the same shall be granted by the jurisdictional police station. 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 three months from the date of receipt of a copy of this order.

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

29.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The Thasildar, Singampunari Taluk, Sivagangai District.

2. The Taluk Head Surveyor, Singampunari Taluk, Sivagangai District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 29.04.2026 5/5