Muthaiah, v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER Muthaiah ... Petitioner Vs.

1.The Tahsildar, Taluk Office, Periyakulam, Theni District.

2.The Head Surveyor, Taluk Office, Periyakulam, Theni District.

3.The Inspector of Police, Devadanapatti Police Station, Theni District.

4.Mayandi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first and second respondents to conduct survey the land in Survey No.1452/1 and Survey No.1452/2 with an extent of 1 Acre 34 Cents situated at Devadanapatti Village, Periyakulam Taluk, Theni District and also directing the third respondent to give adequate police protection during survey conducting by the second respondent within a stipulated time fixed by this Court based on the petitioner's representation dated 26.11.2025. Page No. 1 of 5

For Petitioner : Mr.S.Muniyandi For R1 & R2 : Mr.P.Subbaraj Special Government Pleader For R3 : Mr.S.Prakash Government Advocate (Criminal Side) ****

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first and second respondents to consider the petitioner's representation dated 26.11.2025 and to survey the land in Survey Nos.1452/1 and 1452/2, measuring an extent of 1 Acre and 34 Cents situated at Devadanapatti Village, Periyakulam Taluk, Theni District and also directing the third respondent to provide adequate police protection during the survey.

2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the petitioner submits that the petitioner had earlier applied for survey and paid the necessary fee for the Page No. 2 of 5

same; that when the second respondent and other concerned authorities came for the survey, it could not be conducted due to obstruction created by the fourth respondent; that therefore, the petitioner sent a detailed representation dated 26.11.2025 to the first and second respondents, which has not been considered till date and the survey has not been conducted, though the petitioner is the owner of the property and has obtained patta and possesses all relevant documents. Hence, the present Writ Petition has been filed.

4. The learned Special Government Pleader appearing for the first and second respondents would submit that after consideration of the claims of both parties, proper steps would be taken to demarcate the land in accordance with Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act, 1923.

5. Recording the aforesaid submissions this Court directs the first and second respondents to consider the petitioner's representation dated 26.11.2025 and the application already filed by the petitioner and to demarcate the petitioner's land after consideration of the claims of the fourth respondent and other interested parties, if any, by issuing notice to Page No. 3 of 5

them and to pass orders in accordance with Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act, 1923, within a period of twelve weeks from the date of receipt of a copy of this order. In the event of any rival claims, the parties are at liberty to pursue their remedies before the Civil Court.

6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

[K.SURENDER, J.] 16.12.2025 JEN Index : Yes / No Speaking Order / Non-Speaking Order To 1.The Tahsildar, Taluk Office, Periyakulam, Theni District.

2.The Head Surveyor, Taluk Office, Periyakulam, Theni District.

3.The Inspector of Police, Devadanapatti Police Station, Theni District.

Page No. 4 of 5

K.SURENDER , J.

JEN 16.12.2025 Page No. 5 of 5