Maruthupandi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2026

CORAM:

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

1. The Tahsildar, Peraiyur Taluk, Madurai District.

2. The Frika Surveyor, Peraiyur Taluk, Madurai District.

3. The Inspector of Police, Elumalai Police Station, Madurai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondents 1 and 2 to measure and demarcate the petitioner's property in Survey No. 444/5A2, measuring an extent of 44 cents situated at Elumalai Village, Peraiyur Taluk, Madurai South, Madurai District, and consequently direct to give adequate police protection by the third respondent during the survey by considering the petitioner's application, vide E-challan in No.2026/0123/24/004105 dated 19.05.2026 and fencing.

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For Petitioner : Mr.P.Praveenkumar For R-1 & R-2 : Mr.S.Siva Thilakar Counsel for State of Tamil Nadu For R-3 : 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 respondents 1 and 2 to measure and demarcate the petitioner's property comprised in Survey No. 444/5A2, measuring an extent of 44 cents, situated at Elumalai Village, Peraiyur Taluk, Madurai District, and consequently direct the third respondent to provide adequate police protection during the conduct of the survey and fencing work, by considering the petitioner's application submitted through E-Challan No. 2026/0123/24/004105 dated 19.05.2026.

2. The petitioner is claiming right over the property comprised in Survey No.444/5A2, measuring an extent of 44 cents based on the sale deed dated 30.01.2026 vide Document No.235 of 2026. The petitioner's vendor along with the minor children had sold the property. The petitioner's vendor is entitled to the property based on the settlement deed, vide Document No.3356 of 2025, dated 22.08.2025 and release deed dated 12.11.2020, vide Document No. 4432 of 2025. 2/5

Therefore, the petitioner is seeking to survey the subject property based on the online application submitted by him. According to the petitioner, there are no rival claimants in respect of the subject property.

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 and any rival claimants, if any. 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 that reason of their dissatisfaction or protest. 3/5

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 directions, this Writ Petition is disposed of. There shall be no order as to costs.

05.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The Tahsildar, Peraiyur Taluk, Madurai District.

2. The Frika Surveyor, Peraiyur Taluk, Madurai District.

3. The Inspector of Police, Elumalai Police Station, Madurai District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 05.06.2026 5/5