Santiago S v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Santiago ... Petitioner Vs 1.The Tahsildar, Dindigul East Taluk, Dindigul District.

2.The District Surveyor, District Survey and Land Records Department, Dindigul District.

3.The Taluk Surveyor, Dindigul East Taluk, Dindigul District.

4.Innasi ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to conduct survey, determine and fix the boundaries of the petitioner's lands situated in Survey Nos.339/1F, 1091/13F and 339/1G at Adiyanoothu Village, Dindigul East Taluk, Dindigul District, in accordance with Section 10 of the Tamil Nadu Survey 1/7

and Boundaries Act, 1923, with reference to the original/manual Field Measurement Book (FMB) sketches and other relevant survey records maintained by the respondents 1 to 3 within such time as may be stipulated by this Court.

For Petitioner : Mr.Y.Prakash For Respondents : Mr.K.Saravanan (R1 to R3) counsel for State

ORDER

The present Writ Petition has been filed seeking a Writ of Mandamus directing the official respondents to survey and demarcate the petitioner's property.

2.By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.Mr.K.Saravanan, learned counsel appearing for the State, accepts notice on behalf of the respondents 1 to 3. Considering the limited relief sought by the petitioner, notice to the fourth respondent is dispensed with.

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4.The petitioner claims title to the properties comprised in Survey Nos.339/1F, 1091/13F and 339/1G. The said properties were originally purchased by the petitioner's father, late Savariappan, son of Innasi Thevar, through a court auction sale. A Sale Certificate/Sale Deed was executed in his favour on 30.11.1993 and registered as Document No.2356 of 1993. Thereafter, the petitioner's father was in possession and enjoyment of the properties. Upon his demise, the properties devolved upon the petitioner and his brothers, who have since been in continuous possession and enjoyment thereof.

5.Patta in respect of Survey Nos.339/1F and 1091/13F has been issued in the names of the petitioner and his brothers under Patta No.4318. Insofar as Survey No.339/1G is concerned, the same comprises a common well jointly enjoyed by the co-sharers. Accordingly, Joint Patta No.10223 stands in the name of the petitioner's father along with the co-sharers. 3/7

6.It is the further case of the petitioner that a dispute arose between the petitioner's family and the petitioner's paternal uncle, namely, Siluvaimuthu, and his son, Innasi, in respect of Survey Nos.339/1F and 339/1G. Consequently, O.S.No.597 of 2011 was instituted on the file of the Principal District Munsif Court, Dindigul, seeking the reliefs of declaration and permanent injunction. The suit was decreed in favour of the petitioner's father, declaring his title and possession over the suit properties. Despite the said judgment and decree, the petitioner's paternal uncle continues to interfere with the petitioner's peaceful possession and enjoyment of the properties. Hence, the petitioner has filed the present Writ Petition seeking a direction to the respondents to survey and demarcate the subject properties.

7.Considering the facts and circumstances of the case, this Court directs the first respondent to conduct a survey and demarcate the property after issuing notice to the petitioner, the fourth respondent as well as to the legal heirs of late.Siluvaimuthu and rival claimants, if any. If the Tahsildar requires police protection 4/7

for conducting the survey, the jurisdictional police shall provide the necessary assistance.

8.In the event the petitioner seeks installation of boundary stones, the same shall be carried out at the petitioner's cost. 9.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. (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.

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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 receipt of a copy of this order. 10.With the above directions, this Writ Petition stands disposed of. No costs.

25.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The Tahsildar, Dindigul East Taluk, Dindigul District.

2.The District Surveyor, District Survey and Land Records Department, Dindigul District.

3.The Taluk Surveyor, Dindigul East Taluk, Dindigul District.

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S.SRIMATHY, J.

ps Order made in 25.06.2026 7/7