Vellakutty v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2026

CORAM

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

1.The Tahsildar, Sivagangai Taluk, Sivagangai District.

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

3.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

4.Sanjaygandhi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus thereby directing the first and second respondents to effect the survey of land and fixing four boundaries on Survey No.206/6E, 206/6D ad measuring 0-2.00 hectare of Thamarakki Therku Village, Sivagangai Taluk, Sivagangai District with the aid of the third respondent police based on the petitioner's survey application dated 10.05.2024.

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For Petitioner : Mr.R.Balamuruganantham For R1 & R2 : Mr.S.Siva Thilakar Counsel for the Government of Tamilnadu For R3 : Mr.R.Mohamed Riyaz Counsel for the Government of Tamilnadu (Criminal Side) *****

O R D E R

The present Writ Petition is filed seeking issuance of a Writ of Mandamus directing the first and second respondents to conduct a survey and fix the four boundaries in respect of the land comprised in Survey Nos.206/6E and 206/6D, measuring an extent of 0.02.00 hectare, situated at Thamarakki Therku Village, Sivagangai Taluk, Sivagangai District, with police protection from the third respondent, based on the petitioner's survey application dated 10.05.2024.

2. Originally, the land in Survey No.206/6 belonged to one Veeranan, who is the petitioner's ancestor. Subsequently, after the demise of Veeranan, the property devolved upon his legal heirs and the survey number came to be subdivided. Thereafter, a Joint Patta bearing No.1370 was issued in the names of the legal heirs.

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3. According to the petitioner, there was an oral partition among the legal heirs, pursuant to which the petitioner came into possession of his allotted share and has put up a dwelling house therein. However, in the month of June 2024, when the petitioner attempted to lay a pipeline for drinking water, one Sanjaygandhi and Ayyanar objected to the same.

4. Therefore, the petitioner is now seeking a survey of the property and in this regard, has submitted an online application after remitting the requisite fees.

5. Therefore, the first respondent, Tahsildar, is directed to conduct a survey with the assistance of the second respondent, the Head Surveyor, after issuing notice to the petitioner as well as to Sanjaygandhi, Ayyanar and any other objectors, if any.

6. In case the first respondent, Tahsildar, is seeking police protection for conducting the survey, the third respondent shall provide the necessary police protection.

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7. It is made clear that in case any person is in encroachment of the property, the petitioner shall evict such person by following the due process of law. The petitioner shall not take the law into his own hands or create any law and order problem.

8. While conducting 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.

• 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.

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9. 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 To 1.The Tahsildar, Sivagangai Taluk, Sivagangai District.

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

3.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

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S.SRIMATHY , J.

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