Nagammal v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Nagammal ... Petitioner Vs 1.The Tahsildar, Office of the Tahsildar, Madurai West Taluk, Madurai District.

2.The Head Surveyor, Office of the Head Surveyor, Madurai West Taluk, Madurai District 3.The Inspector of Police, Nagamalai Pudukkottai Police Station, Nagamalai Pudukkottai, Madurai District.

4.Subramani ... 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 survey and demarcate by fixing the four boundaries in respect of property comprised in Survey No.88/11P3, 1/7

situated at Vilacheri Village, Madurai West, Madurai based on the petitioner's application No.2026/N123/24/000746 dated 09.06.2026 and provide adequate police protection at the time of survey within time as fixed by this Court.

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

ORDER

The present Writ Petition has been filed seeking a Writ of Mandamus directing the concerned 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 fourth respondent is dispensed with.

4.Originally, the petitioner's father, namely Shanmugam, was the owner of the property comprised in Survey No.88. The petitioner's father, Shanmugam, had executed a Settlement Deed dated 14.04.1960, registered as Document No.1731 of 1960, in favour of the petitioner, namely Nagammal, and her siblings, namely Muthurakku and Rakkayee.

5.Thereafter, the siblings effected a partition of the properties among themselves. Pursuant thereto, the petitioner became entitled to a specific share, which has been sub-divided as Survey Nos.88/11P3 and 88/11P6. Separate patta was issued in favour of the petitioner under Patta No.1258. Likewise, the petitioner's siblings were also issued separate pattas in respect of their respective shares.

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6.After acquiring title through the said settlement deed and partition, the petitioner, in turn, settled the said property in favour of her minor grandson, namely Sudharson, represented by his father Muthu Malayalam, son of Muthu Alaghu, under a Settlement Deed dated 19.12.2024, registered as Document No.332 of 2024. 7.Thus, the petitioner's grandson, Sudharson, is stated to be entitled to the property. However, the fourth respondent, being the adjacent landowner, is disputing the boundary. Hence, the petitioner has filed the present Writ Petition seeking a direction to survey and demarcate the subject property.

8.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 the said Muthu Malayalam. If the Tahsildar requires police protection for conducting the survey, the jurisdictional police shall provide the necessary assistance. 4/7

9.In the event the petitioner seeks installation of boundary stones, the same shall be carried out at the petitioner's cost. 10.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) weeks from the date of receipt of a copy of this order. 5/7

11.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, Office of the Tahsildar, Madurai West Taluk, Madurai District.

2.The Head Surveyor, Office of the Head Surveyor, Madurai West Taluk, Madurai District 3.The Inspector of Police, Nagamalai Pudukkottai Police Station, Nagamalai Pudukkottai, Madurai District.

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S.SRIMATHY, J.

ps Order made in 25.06.2026 7/7