Premkumar R v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY R.Prem Kumar ... Petitioner Vs 1.The Tahsildar, Paramakudi Taluk, Ramanathapuram District 2.The Firka Surveyor, O/o. Tahsildar, Paramakudi Taluk, Ramanathapuram District.

3.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

4.The Inspector of Police, Emaneswaram Police Station, Ramanathapuram District.

5.Vasantha 6.Subramanian 7.M.Mahalingam ... Respondents 1/7

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents no.1 and 2 to cause survey of the lands in Survey No.343/5 to an extent of 0.1.6900 Hectares situated at Vilalthur Village, Paramakudi Taluk, Ramanthapuram District and mark boundaries on the basis of the online application dated 11.06.2026 made by the petitioner within a time frame fixed by this Court.

For Petitioner : Mr.S.Karthick Ramkumar For Respondents : Mr.K.Saravanan (R1 & R2) counsel for State : Mr.R.Mohamed Riyaz (R3 & R4) Government Advocate (Crl. Side)

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.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 and 2, and 2/7

Mr.R.Mohamed Riyaz, learned Government Advocate (Criminal Side), accepts notice on behalf of the respondents 3 and 4. Considering the limited relief sought by the petitioner, notice to the respondents 5 to 7 is dispensed with.

4.The petitioner claims title to the property comprised in Survey No.343/5, measuring an extent of 1.6900 ares. Originally, the petitioner's grandfather, late Karuppaiah, was in possession and enjoyment of the natham land, and patta had been issued in his name. During his lifetime, he executed a registered Will dated 08.05.2015, registered as Document No.38 of 2015, in favour of the petitioner and the petitioner's brother, Gopalakrishnan. Upon the demise of the petitioner's grandfather on 05.12.2019, the Will came into effect. Thereafter, the petitioner and his brother have been in possession and enjoyment of the property, and a joint patta bearing Patta No.461 was also issued in their favour. 5.While so, the owner of the adjacent property claimed rights over the land comprised in Survey No.343/6 and applied for a 3/7

survey of the said property. According to the petitioner, the survey was conducted without issuing notice to him. It is further contended that the said survey affects the petitioner's boundary. When a verbal altercation arose in this regard, the petitioner was allegedly subjected to physical assault. Consequently, the petitioner lodged a police complaint. In these circumstances, the petitioner seeks a direction for survey and demarcation of his property. 6.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 as well as the respondents 5 to 7. If the Tahsildar requires police protection for conducting the survey, the jurisdictional police shall provide the necessary assistance. It is made clear that no survey shall be conducted without issuing prior notice to the petitioner and respondents 5 to 7.

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

The aforesaid procedure shall be strictly followed by all concerned. The entire exercise shall be completed within a period of twelve (12) 5/7

weeks from the date of receipt of a copy of this order. 9.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, Paramakudi Taluk, Ramanathapuram District 2.The Firka Surveyor, O/o. Tahsildar, Paramakudi Taluk, Ramanathapuram District.

3.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

4.The Inspector of Police, Emaneswaram Police Station, Ramanathapuram District.

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S.SRIMATHY, J.

ps Order made in 25.06.2026 7/7