Madras High CourtWP(MD)/13929/2026disposed of

Velusamy v. The District Collector,

2026-06-01Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2026

CORAM:

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

1. The District Collector, Office of the Collector Office Campus, Virudhunagar District.

2. The Assistant Director, (Survey and Land Records), Office of the Assistant Director, Virudhunagar District.

3. The Tahsildar, Office of the Tahsildar, Aruppukkottai Taluk, Virudhunagar District.

4. The Head Surveyor, Taluk Office Campus, Aruppukkottai Taluk, Virudhunagar District.

5. The Taluk Deputy Inspector of Survey, Aruppukkottai Taluk, Virudhunagar District.

6. The Firka Surveyor, Aruppukkottai Taluk, Virudhunagar District.

7. The Inspector of Police, M. Rettiyapatti Police Station, Viruthunagar District.

8. Murugan

9. Murugeshwari ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the Respondent No.6 to survey petitioner's property comprised in Survey No.135/3A in Kullumadam village, Aruppukkottai Taluk, Virudhunagar District, on the basis of petitioner's survey receipt challan No. 2026/0123/26/001708 and consequently, direct the Respondent No.7 provide Police Protection for conducting survey and for fencing petitioner's property in accordance with law, within the time stipulated by this Court.

For Petitioner : Dr.R.Alagumani For R-1 to R-6 : Mr.I.Pinaygash Counsel for State of Tamil Nadu For R-7 : Mr.V.Shathurthi Raja Counsel for State of Tamil Nadu

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the sixth respondent to survey the petitioner's property comprised in Survey No.135/3A, situated at Kullumadam Village, Aruppukkottai Taluk, Virudhunagar District, on the basis of the petitioner's Survey Receipt Challan No.2026/0123/26/001708 and, consequently, directing the seventh respondent to provide police protection for conducting the survey and for putting 2/6

up fencing around the petitioner's property, in accordance with law, within a time frame to be stipulated by this Court.

2. The petitioner is claiming right over the property comprised in Survey No.135/3A as ancestral property. Patta No.47 originally stood in the name of the petitioner's father. The petitioner's father died on 15.09.1995. After his demise, his legal heirs, namely, Velusamy, Soorakkal and Palraj, are entitled to the property. Thereafter, the petitioner's sister and the other legal heirs executed a sale deed in favour of the petitioner and his younger brother, Palraj, vide Document No.12 of 2026. Thereafter, the revenue records were mutated and Patta No.1266 was issued in the names of the petitioner and his brother. The petitioner's brother has also given his consent for conducting the survey of the property.

3. In view of the above, the third respondent is directed to conduct a survey with the assistance of the fourth respondent after issuing notice to the petitioner, petitioner's brother Palraj as well as the respondents 8 and 9 and any rival claimants, if any. If the third respondent requires police protection, the same shall be provided by the seventh respondent. The official respondents shall adhere to the following Standard Operating Procedures:

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• 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 twelve weeks from the date of receipt of a copy of this order.

4. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 01.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes jbr 4/6

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