Mohamed Asif v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2026
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY 1.Mohamed Asif 2.Humera Through their power agent's Annamalaiar Builders Represented by its Managing Partner, M.Alagappan, S/o.Muthukaruppan, No. 393,1st Floor, Indian Bank Building, Near Suguna Stores, Anna Nagar, Madurai District.
... Petitioners Vs 1.The District Collector, Madurai, Madurai District.
2.The Tahsildar, Madurai East Taluk, Madurai District.
3.The Taluk Surveyor, Madurai East Taluk, Madurai District.
... Respondents 1/7
PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent Nos. 2nd and 3rd to conduct survey in the petitioner's land in S.No. 17/19A, Veerapaanjan Village, Madurai East Taluk, Madurai District in Patta No.1306 and to furnish the survey report by considering the Application No.2025/0123/24/022407 dated 11.12.2025. For Petitioners : Mr.J.Sritharan for Mr.K.Dinesh For Respondents : Mr.S.Siva Thilakar counsel for State
ORDER
The present Writ Petition has been filed seeking a Writ of Mandamus directing the respondents to survey and demarcate the petitioner's property.
2.The petitioner claims title to the property situated in Survey No.17/19A. The present Writ Petition has been filed through the petitioner's power agent. The petitioner's principal purchased the said property under Sale Deed dated 22.07.2002, registered as Document No.3459 of 2002. According to the petitioner, a survey 2/7
had earlier been conducted; however, the respondents failed to furnish the survey report. Therefore, the petitioner seeks a direction to conduct a fresh survey and furnish the survey report. 3.The learned counsel appearing for the State submitted that a survey has already been conducted and that, if a fresh survey is sought, the petitioner is required to submit a fresh application before the competent authority.
4.Recording the rival submissions, this Court is of the considered view that, since a survey has already been conducted, the petitioner ought to submit a fresh application before the competent authority. Accordingly, the petitioner is directed to submit a fresh application before the authorities concerned within a period of four weeks from the date of receipt of a copy of this order. 5.Thereafter, the second respondent shall consider the same and conduct a survey and demarcate the property after issuing notice to the petitioners through the power agent and to the rival 3/7
claimants, if any. If the Tahsildar requires police protection for conducting the survey, the jurisdictional police shall provide the necessary assistance. It is made clear that, upon completion of the survey, a copy of the survey report shall be furnished to the petitioner.
6.In the event the petitioner seeks installation of boundary stones, the same shall be carried out at the petitioner's cost. 7.This Court further directs the official respondents to adhere to the following Standard Operating Procedure: (a) The official respondents shall issue notice to the petitioner before commencing the survey proceedings at the site. The petitioner shall acknowledge receipt of such notice by affixing his signature.
(b) Upon completion of the survey, the petitioner shall again affix his signature acknowledging that the survey has been conducted and indicating whether he is satisfied with the same. 4/7
(c) In the event the petitioner is not satisfied with the survey, he shall nevertheless affix his signature recording his dissatisfaction or protest and shall state the reasons therefor.
The aforesaid procedure shall be strictly followed by all concerned. The entire exercise shall be completed within a period of twelve (12) weeks from the date of fresh application that would be submitted by the petitioner.
8.With the above directions, this Writ Petition stands disposed of. No costs.
25.06.2026 (1/2) NCC : Yes / No Index : Yes / No ps To 1.The District Collector, Madurai, Madurai District.
2.The Tahsildar, Madurai East Taluk, Madurai District.
3.The Taluk Surveyor, 5/7
Madurai East Taluk, Madurai District.
6/7
S.SRIMATHY, J.
ps Order made in 25.06.2026 (1/2) 7/7