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Madras High CourtWP(MD)/15275/2026disposed of

Sree Sooravali Subbaier Charities v. The District Collector

2026-06-09Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY Sree Sooravalli Subbaier Charities, represented by its Hereditary Trustee M.S.Shankar.

Petitioner(s) Vs

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Thiruparankundram Taluk, Madurai District.

3. The Taluk Surveyor, Survey Department, Madakulam Village, Thiruparankundram Taluk, Madurai.

Respondent(s) For Petitioner(s) : Mr.B.Ramkumar For Respondents : Mr.S.Siva Thilakar, Counsel for the State of Tamilnadu 1/6

Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the respondents 2 and 3 to conduct survey, measurement, identification and demarcation of the lands comprised in R.S.No.26/B2, R.S.Nos.405/5 and 405/6, R.S.No.29/5, R.S.No.386/6 and R.S.No. 345/2 situated at Madakulam Village, Madurai Taluk, Madurai District, with reference to the Field Measurement Book, village maps and connected revenue records and fix the boundaries by installing survey stones within a time frame fixed by this Court by considering petitioner's representation dated 18.05.2026.

ORDER

This Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing Respondents 2 and 3 to conduct a survey, measurement, identification, and demarcation of the lands comprised in R.S. No. 26/B2, R.S. Nos. 405/5 and 405/6, R.S. No. 29/5, R.S. No. 386/6, and R.S. No. 345/2 situated at Madakulam Village, Madurai Taluk, Madurai District, with reference to the Field Measurement Book, village maps, and connected revenue records, and to fix the boundaries by installing survey stones within a time frame to be fixed by this Court, by considering the petitioner's representation dated 18.05.2026. 2/6

2. The petitioner is a Trust represented by its Hereditary Trustee, Mr. M.S. Shankar. Pursuant to the Scheme Decree passed in O.S. No. 13 of 1932 on the file of the Principal Sub Court, Madurai, the Trust is entitled to the subject property. Several litigations have arisen concerning the Trust. In particular, litigation was initiated by Arulmigu Meenakshi Sundareshwara Temple against the Trust in W.A.(MD) Nos. 1334 to 1338 and 1955 and 1956 of 2024, wherein the Hon'ble Division Bench held that the subject property belongs to the Trust and not to the Temple. In view of the said judgment, the petitioner now seeks the survey, measurement, identification, and demarcation of the lands comprised in R.S. No. 26/B2, R.S. Nos. 405/5 and 405/6, R.S. No. 29/5, R.S. No. 386/6, and R.S. No. 345/2.

3. Accordingly, the 2nd Respondent is directed to conduct a survey of the subject property, measure the same, and fix the boundaries with the assistance of the 3rd Respondent. The official respondents shall adhere to the following Standard Operating Procedures:

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(i) The official respondents shall issue notice to the petitioner before conducting the survey at the site, taking into consideration the Judgment and Decree as well as the Trust Deed. If there are any rival claimants, notice shall also be issued to them in accordance with law. (ii) Upon completion of the survey, the petitioner shall affix his signature acknowledging that the survey was conducted and indicating whether it was carried out to his satisfaction. (iii) If the petitioner or any other party is dissatisfied with the survey, he or she shall nevertheless affix his or her signature, recording such dissatisfaction or protest along with the reasons therefor.

(iv) The aforesaid procedure shall be strictly followed by all parties. The entire exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. (v) If the 2nd Respondent requires police protection, he shall be at liberty to approach the jurisdictional police station for the same. (vi) If the petitioner wishes to lay boundary stones, the same may be done at his own cost, and the petitioner shall also bear the expenses towards police protection, if required. 4/6

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

09.06.2026 Index : Yes / No NCC : Yes / No KSA To

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Thiruparankundram Taluk, Madurai District.

3. The Taluk Surveyor, Survey Department, Madakulam Village, Thiruparankundram Taluk, Madurai.

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S.SRIMATHY, J.

KSA 09.06.2026 6/6