Rajeshwari v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2026

CORAM

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

1.The Tahsildar, Kamuthi Taluk, Ramanathapuram District.

2.The Head Surveyor, Office of the Tahsildar, Kamuthi Taluk, Ramanathapuram District.

3.M.Muniyandi ... 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 survey and demarcate the petitioner's property comprised in New Grama Natham Survey No.369/8 measuring 31 square metres, situated at Ariyamangalam Village, Ariyamangalam Group, Kamuthi Taluk, Ramanathapuram District, covered under Patta No.507, by considering the petitioner's Field Measurement Application in Petition No.2026/N123/27/000174 for which acknowledgement dated 05.03.2026 was issued, within a time frame to be fixed by this Court. Page No. 1 of 7

For Petitioner : Mr.P.Manianandh For R1 & R2 : Mr.S.Siva Thilakar Counsel for Government of Tamilnadu

O R D E R

The present Writ Petition is filed for issuance of a Writ of Mandamus directing the first and second respondents to survey and demarcate the petitioner's property comprised in New Grama Natham Survey No.369/8, to an extent of 31 square metres and covered under Patta No.507, situated at Ariyamangalam Village, Ariyamangalam Group, Kamuthi Taluk, Ramanathapuram District, by considering the petitioner's Field Measurement Application in Petition No.2026/N123/27/000174, acknowledged on 05.03.2026, within a time frame to be fixed by this Court.

2. The contention of the petitioner is that originally, Old Grama Natham Survey No.141/2 (New Grama Natham Survey No.369/8), to an extent of 31 square metres, situated at Ariyamangalam Village, Ariyamangalam Group, Kamuthi Taluk, Ramanathapuram District, belonged to the petitioner's father, Late Duraisamy Thevar, S/o.Irulappa Thevar. The patta stood in the name of the petitioner's father in Patta No. Page No. 2 of 7

126. Based on the same, the petitioner's father was in absolute possession and enjoyment of the said property.

3. The petitioner's father died intestate on 16.10.2002, leaving behind his legal heirs, namely, the petitioner and her sister, Nallammal. A Legal Heir Certificate was also issued by the first respondent/Tahsildar, wherein, it is stated that the petitioner's mother, Panthanam, had predeceased the petitioner's father. Now, the petitioner and her sister are the only surviving legal heirs.

4. The petitioner's sister executed a Release Deed dated 26.11.2025 in Document No.1425/2025 and thereafter, patta was transferred in the name of the petitioner in Patta No.507. However, the third respondent, Muniyandi, who is the owner of the adjacent property, is raising a dispute regarding the boundary. Hence, the petitioner is seeking to survey and demarcate the property. The petitioner has submitted an online application and remitted the requisite fees.

5. The learned counsel for the Government of Tamil Nadu appearing for the first and second respondents, on instructions, submitted Page No. 3 of 7

that the petitioner's father had two wives. The petitioner is the daughter of the first wife. The second wife's name is Nagavalli and she has a daughter, namely, Muthumari. However, the Legal Heir Certificate has been obtained without disclosing the names of the second wife and her daughter.

6. The above statement of the learned counsel for the Government of Tamilnadu is recorded.

7. Therefore, the first respondent/Tahsildar is directed to consider the petitioner's application and survey the property with the assistance of the second respondent, namely, the Head Surveyor, after issuing notice to the petitioner, the petitioner's sister (Nallammal), the second wife of the petitioner's father (Nagavalli), Nagavalli's daughter (Muthumari), the third respondent herein and the other rival claimants, if any, in accordance with law. In case the first respondent/Tahsildar is seeking police protection for carrying out the survey, the jurisdictional police shall provide the necessary police protection. 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 (12) weeks from the date of receipt of a copy of this order.

8. With the above directions, 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. 5 of 7

To 1.The Tahsildar, Kamuthi Taluk, Ramanathapuram District.

2.The Head Surveyor, Office of the Tahsildar, Kamuthi Taluk, Ramanathapuram District.

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S.SRIMATHY , J.

JEN 15.06.2026 Page No. 7 of 7