A.Muthulakshmi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY A.Muthulakshmi ... Petitioner Vs 1.The Tahsildar, O/o.The Tahsildar, Thoothukudi Taluk, Toovipuram, Thoothukudi - 628 002.

2.The Head Surveyor, O/o.The Head Surveyor, Thoothukudi Taluk Office, Toovipuram, Thoothukudi - 628 002.

3.S.Chandran ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to conduct a survey and fix the boundaries of the petitioner's property comprised in S.No.460/2A, in Mudivaithanendal Village, Thoothukudi District, in accordance with the terms of the settlement deed registered Document No.4124/2019 dated 12.11.2019 within a time frame stipulated by this Court. 1/7

For Petitioner : Mr.S.Mukesh For Respondents : Mr.K.Saravanan (R1 & R2) 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 and 2. Considering the limited relief sought by the petitioner, notice to the third respondent is dispensed with.

4.The petitioner is claiming right over the property in Survey No.460/2A based on the settlement deed dated 12.11.2019, registered as Document No.4124 of 2019. Originally, the said land 2/7

belonged to the petitioner's husband, namely Adhinarayanan, who had acquired the same through a settlement deed dated 25.06.2007, vide Document No.3043 of 2007, executed by his mother, namely Annalakshmi Ammal.

5.After the demise of the petitioner's husband, the petitioner, being his wife, inherited the property along with her son. Subsequently, the son has also executed a settlement deed in favour of the petitioner/mother. Thereby, the petitioner is entitled to the entire property.

6.The third respondent is disputing the petitioner's boundaries. Therefore, the petitioner seeks a survey of the property. In fact, the petitioner has also fenced the entire property, which is being disputed by the third respondent.

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 3/7

petitioner's son, and the third respondent. The petitioner has given an oral undertaking that, in the event the fence is found to have been erected in the third respondent's property, she is ready and willing to remove the same and fence only her own property. If the Tahsildar requires police protection for conducting the survey, the jurisdictional police shall provide 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 4/7

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) 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 5/7

To 1.The Tahsildar, O/o.The Tahsildar, Thoothukudi Taluk, Toovipuram, Thoothukudi - 628 002.

2.The Head Surveyor, O/o.The Head Surveyor, Thoothukudi Taluk Office, Toovipuram, Thoothukudi - 628 002.

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S.SRIMATHY, J.

ps Order made in 25.06.2026 7/7