Athistapathi C v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2026
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.12573 of 2026
1. C.Athistapathi
2. B.Rathy
3. B.Selvathai
4. M.Jeyapriya ... Petitioners Vs
1. The Tahsildar, O/o. the Tahsildar, Andipatti Taluk, Theni District.
2. The Surveyor, O/o. the Surveyor, Andipatti Taluk, Theni District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to conduct a survey and demarcate the petitioner's property comprised in Natham Survey Nos.s604/13 and 604/14, situated at Kunnur Village, Andipatti Taluk, Theni District, in accordance with the terms of the Partition Deed registered as Document No. 2060 of 2026 dated 09.03.2026 within a time frame stipulated by this Court.
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For Petitioners : Mr.S.Mukesh For Respondents : Mr.S.Siva Thilakar Counsel for State of Tamil Nadu
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents to conduct a survey and demarcate the petitioner's property comprised in Natham Survey Nos.s604/13 and 604/14, situated at Kunnur Village, Andipatti Taluk, Theni District, in accordance with the terms of the Partition Deed registered as Document No. 2060 of 2026 dated 09.03.2026 within a time frame stipulated by this Court.
2. Originally, the properties comprised in Natham Survey Nos.604/13 and 604/14 belonged to the petitioners' father. He had four daughters, namely, the petitioners 1 to 4. During his lifetime, he executed a settlement deed vide Document No.8220 of 2006 dated 27.12.2006. Thereafter, the petitioners were in joint possession and enjoyment of the properties. Subsequently, the petitioners divided the properties by way of a registered partition deed dated 09.03.2026, vide Document No.2060 of 2026. The petitioners are now seeking to survey and demarcate the properties based on the said partition deed. 2/5
3. In view of the above, the first respondent is directed to conduct a survey with the assistance of the second respondent after issuing notice to the petitioner and the rival claimants, if any. If the first respondent requires police protection, the same shall be provided by the jurisdictional police.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 weeks from the date of receipt of a copy of this order.
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4. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 19.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:
1. The Tahsildar, O/o. the Tahsildar, Andipatti Taluk, Theni District.
2. The Surveyor, O/o. the Surveyor, Andipatti Taluk, Theni District.
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S.SRIMATHY , J.
jbr ORDER MADE IN DATED : 19.06.2026 5/5