Rajalakshmi v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2026

CORAM

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

1.The Thasildar, Thiruvengadam, Tenkasi District.

2.The Taluk Surveyor, Thiruvengadam, Tenkasi District.

3.The Inspector of Police, Karivalamvantha Nallur Police Station, Tenkasi District.

4.Valarmathi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first and second respondents to conduct the land survey and to fix the four boundaries in respect of the petitioner's land for an extent of 0.71.00 hectare comprised in Survey No.446/2 in Patta No.1314, land measuring for an extent of 0.61.00 hectare comprised in Survey No.449/26 in Patta No.1315, land measuring for an extent of 0.51.50 hectare comprised in Survey No.450 in Page No. 1 of 7

Patta No.1316 and land measuring for an extent of 0.12.50 hectare comprised in Survey No.451/2 in Patta No.717 in Karichathan Village, Thiruvengadam Taluk, Tenkasi District with aid of the third respondent by considering the petitioner's online E-challan No.2025/0123/34/007627 dated 02.09.2025 and the petitioner's representation dated 22.05.2026 within the time stipulated by this Court.

For Petitioner : Mr.K.Muthurakkan For R1 & R2 : Mr.S.Siva Thilakar Counsel for the Government of Tamilnadu For R3 : Mr.R.Mohamed Riyaz Government Advocate (Crl. Side)

O R D E R

The present Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to survey and demarcate the petitioner's lands measuring an extent of (i) 0.71.00 hectare comprised in Survey No.446/2 in Patta No.1314, (ii) 0.61.00 hectare comprised in Survey No.449/26 in Patta No.1315, (iii) 0.51.50 hectare comprised in Survey No.450 in Patta No.1316 and (iv) 0.12.50 hectare comprised in Survey No.451/2 in Patta No.717, situated at Karichathan Village, Thiruvengadam Taluk, Tenkasi District, with the aid of the third respondent, by considering the petitioner's online Page No. 2 of 7

E-challan No.2025/0123/34/007627 dated 02.09.2025 and representation dated 22.05.2026, within a time frame to be stipulated by this Court.

2. Originally, the lands belonged to the petitioner's grandfather, namely, Lakshmana Nayackkar. After his demise, the petitioner's family inherited the said properties. Subsequently, the petitioner's father also died. Patta No.1314 still stands in the name of the petitioner's grandfather, whereas Patta Nos.1315, 1316 and 717 stand in the names of the petitioner, her mother and her sisters. They are in peaceful possession and enjoyment of the said properties without any disturbance.

3. However, in the year 2011, the fourth respondent illegally occupied the petitioner's property. Therefore, the petitioner and others filed a suit in O.S.No.301 of 2011 on the file of the Additional District Munsif Court, Sankarankovil, seeking permanent injunction. The said suit was decreed in their favour vide Judgment and Decree dated 13.08.2014.

4. Thereafter, the petitioner sought to survey and demarcation of the properties by filing an appropriate application and remitting the requisite fees. Since the said application was not considered by the official Page No. 3 of 7

respondents, the present Writ Petition is filed.

5. Therefore, the first respondent, Tahsildar, is directed to survey the properties of the petitioner, with the aid of the second respondent, Taluk Surveyor, after issuing notice to the petitioner, the fourth respondent and the rival parties, if any. In case the first respondent, Tahsildar, is seeking police protection, the third respondent shall provide the same. However, it is made clear that in case the fourth respondent is in possession of the property, the petitioner shall not, under the guise of survey, evict the fourth respondent. The petitioner is directed to file an appropriate civil suit to evict the fourth respondent, in case the fourth respondent is in possession and the fourth respondent may be evicted only by following due process of law. The petitioner shall not take law into her own hands and create any law and order problem. During the survey, 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.

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• 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.

6. 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 To 1.The Thasildar, Thiruvengadam, Tenkasi District.

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2.The Taluk Surveyor, Thiruvengadam, Tenkasi District.

3.The Inspector of Police, Karivalamvantha Nallur Police Station, Tenkasi District.

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S.SRIMATHY , J.

JEN 15.06.2026 Page No. 7 of 7