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Madras High CourtWP(MD)/16062/2026disposed of

Thirumalaikolunthu, v. The Tahsildar

2026-06-15Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2026

CORAM

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

1.The Tahsildar, Tenkasi Taluk, Tenkasi District.

2.The Head Surveyor, Tenkasi Taluk, Tenkasi District.

3.The Firka Surveyor, Kallurani Village, Tenkasi Taluk, Tenkasi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to conduct survey of the land in S.No.40/1F1 at Kallurani Village, Pavoorchatram, Tenkasi District and fix the four boundaries by considering the petitioner's application dated 09.03.2026 and issue the certificate of survey or acknowledgment of completion of survey within the time fixed by this Court.

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For Petitioner : Mr.N.Vignesh For Respondents : Mr.S.Siva Thilakar Counsel for the Government of Tamilnadu

O R D E R

The present Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to conduct survey and demarcate the boundaries of the land comprised in S.No.40/1F1 situated at Kallurani Village, Pavoorchatram, Tenkasi District by considering the petitioner's application dated 09.03.2026 and consequently issue the Survey Certificate or an acknowledgment of completion of the survey, within the time frame fixed by this Court.

2. The petitioner is claiming right over the property situated in S.No.40/1F1 at Kallurani Village, Pavoorchatram, Tenkasi District, to an extent of 5.75 cents. The said property is the ancestral property of the petitioner. The petitioner's father was in lawful possession and enjoyment of the same during his lifetime. The petitioner's father died intestate on 28.09.1995, leaving behind his legal heirs, namely, the petitioner, the petitioner's mother, Kalimuthammal and the petitioner's brothers, Sudalaiolivu, Muppudathi and Paramasivan.

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3. Since the other legal heirs executed a Release Deed dated 27.03.2012 in favour of the petitioner, the name of the petitioner came to be included in the Joint Patta bearing No.11952, which stands in the names of several persons. According to the petitioner, there is no rival claim over the subject property. However, in order to ascertain the exact boundaries and extent of the property, the petitioner is seeking to survey the property. The petitioner has submitted an online application and remitted the requisite fees.

4. Therefore, the first respondent/Tahsildar is directed to consider the petitioner's application and survey the property with the assistance of the Surveyors, namely, the second and third respondents herein, after issuing notice to the petitioner, the other pattadars and the rival parties, if any, in accordance with law. In case the first respondent/Tahsildar seeks police protection for carrying out the survey, the jurisdictional police shall provide the necessary police protection. The respondents shall adhere to the following Standard Operating Procedures:

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• The 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 (12) weeks from the date of receipt of a copy of this order.

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

15.06.2026 JEN Index: Yes / No Speaking Order / Non-Speaking Order Page No. 4 of 6

To 1.The Tahsildar, Tenkasi Taluk, Tenkasi District.

2.The Head Surveyor, Tenkasi Taluk, Tenkasi District.

3.The Firka Surveyor, Kallurani Village, Tenkasi Taluk, Tenkasi District.

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S.SRIMATHY , J.

JEN 15.06.2026 Page No. 6 of 6