Ezhilan Selvamani S v. The Tahsildar

O R D E R This Writ Petition is filed for issuance of a Writ of Mandamus directing the first and second respondents to conduct survey of the land comprised in Survey No.77/2B situated at Meerankulam Part-II, Sathankulam Taluk, Thoothukudi District, by considering the petitioner's application dated 06.10.2025.

¶2The petitioner is claiming rights over the property comprised in Survey No.77/2B situated at Meerankulam Part-II, Sathankulam Taluk, Thoothukudi District, to an extent of 26.50 ares, based on the purchase in the name of the petitioner's wife Jeniba, through Document No.1140 of 2013. Based on the said document, patta has also been mutated in the name of the petitioner's wife in Patta No.2499. The petitioner has submitted the online application and paid the requisite fees. Page No. 2 of 6

¶3The learned counsel for the fourth respondent submitted that the fourth respondent is the adjacent landowner and that the petitioner is claiming rights over a portion of the fourth respondent's property, including the pathway. Therefore, the fourth respondent is objecting to the survey of the land.

¶4Considering the rival submissions, this Court is of the considered opinion that if the property is surveyed along with the pathway so as to ascertain and clarify the extent of the pathway, the dispute between the parties can be resolved. Therefore, the first respondent/Tahsildar is directed to consider the petitioner's application and survey the property as well as the pathway with the assistance of the second respondent/Firka Surveyor, after issuing notice to the petitioner, the fourth respondent and the rival claimants/objectors, if any, in accordance with law.

¶5The survey report shall clearly indicate the extent and location of the pathway.

¶6In case the first respondent/Tahsildar is seeking police protection Page No. 3 of 6 for carrying out the survey, the third respondent Police shall provide the necessary police protection.

¶7The official respondents shall adhere to the following Standard Operating Procedures: • The official respondents shall issue notice to the petitioner immediately reaching the spot where survey is to be conducted. The petitioner shall affix the signature by receiving the notice of survey. • After survey again the petitioner shall affix signature indicating that the survey was conducted to their satisfaction. • If the petitioner is not satisfied, then also the petitioner shall affix signature indicating their dissatisfaction or with protest. The petitioner shall indicate that reason of their dissatisfaction or protest. The aforesaid procedure shall be strictly followed by the parties. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

¶8With the above observations, this Writ Petition is disposed of. Page No. 4 of 6 There shall be no order as to costs.

16.06.2026 JEN Index: Yes / No To

1.The Tahsildar, Sathankulam Taluk, Thoothukudi.

2.The Firka Surveyor, Sathankulam Taluk, Thoothukudi.

3.The Inspector of Police, Sathankulam Police Station, Thoothukudi District. Page No. 5 of 6 S.SRIMATHY

, J.

JEN

16.06.2026 Page No. 6 of 6

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2026 CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Ezhilan Selvamani ... Petitioner Vs. 1.The Tahsildar, Sathankulam Taluk, Thoothukudi. 2.The Firka Surveyor, Sathankulam Taluk, Thoothukudi. 3.The Inspector of Police, Sathankulam Police Station, Thoothukudi District. 4.Koil Raj ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the first and second respondents to conduct survey in the land in Survey No.77/2B situated at Meerankulam Part 2, Sathankulam Taluk, Thoothukudi by considering the petitioner's application dated 06.10.2025. For Petitioner : Mr.A.Arun Ramnath Page No. 1 of 6 For R1 & R2 : Mr.K.Saravanan Counsel for Government of Tamilnadu For R3 : Mr.R.Mohamed Riyaz Government Advocate (Crl. Side) For R4 : Mr.R.J.Karthick *****