Meena v. The Tahsildar

O R D E R This petition has been filed to direct the respondents 1 and 2 to survey and demarcate the land situated in Old Survey No.129/1, New Survey No.504/6 to an extent of 1292 sq.ft/120.02 square meter at Natham Village, Natham Taluk, Dindigul District within a stipulated time as fixed by this Court and consequently direct the 3rd respondent to provide adequate protection for conducting survey.

¶2The learned counsel for the petitioners submitted that the second petitioner has right over the property comprised in Old Survey No.129/1, New Survey No.504/6, measuring an extent of 1292 sq.ft (120.02 square meters), situated at Natham Village. It is further submitted that the said property originally belonged to the second petitioner's father, namely Rasupillai, and patta was issued in his name under Patta No.2412. He was in continuous possession and enjoyment of the property. The learned counsel further submitted that the said Rasupillai died on 06.11.2009, leaving behind his wife (the first petitioner herein), four sons namely Shanmugam, Muthaiah, Chidambaram, Vaitheeswaran/the petitioner herein one daughter namely Vanitha, as his legal heirs. Upon his demise, the legal heirs jointly inherited the property.

¶3Subsequently, on 19.12.2020, the second petitioner along with his three brothers and sister executed a registered release deed in favour of the first petitioner (their mother) vide Document No.2990/2020. By virtue of the said release deed, the first petitioner became the absolute owner of the property, and the revenue records were accordingly transferred in her name. Thereafter, the first petitioner executed a registered sale deed in favour of the second petitioner for valuable consideration vide Document No.2114 of 2024 dated 26.06.2024. Pursuant to the same, the second petitioner has been in possession and enjoyment of the property. However, the patta continues to stand in the name of the first petitioner, as mutation of revenue records has not yet been effected in favour of the second petitioner.

¶4It is further submitted that the second petitioner intended to construct a residential building on the said property and, for that purpose, submitted an online application through the first petitioner on 19.12.2025 for conducting a survey of the land, along with payment of the requisite fees. Based on the said application, respondents 1 and 2 issued a notice dated 21.12.2025 for conducting the survey. However, at the time of survey, the adjacent landowners caused obstruction and disturbance.

¶5The learned counsel further submitted that the second petitioner made several representations requesting the authorities to conduct the survey with police protection, but no effective action was taken. Subsequently, the second petitioner received a message indicating that the survey would be conducted on

20.03.2026. However, he later received another message stating that the survey had already been conducted, without any prior notice to him. Aggrieved by the same, the present petition has been filed.

¶6The learned Additional Government Pleader appearing for respondents 1 and 2 submitted that notice had already been issued to the petitioner as well as to the adjacent landowners, namely respondents 4 to 8; however, the survey could not be conducted as respondents 4 to 8 caused disturbance.

¶7Heard the learned Government Advocate (Crl.Side) appearing for the 3rd respondent.

¶8Considering the facts and circumstances of the case, this Court directs the 1st respondent to conduct the survey with the assistance of the second respondent after issuing notice to the petitioners as well respondents 4 to 8. If necessary, seek police protection, the 3rd respondent shall provide police protection to survey the land. The Court is also directing the Official respondents to adhere to the following Standard Operating Procedures: a. 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. b. After survey again the petitioner shall affix signature indicating that the survey was conducted to their satisfaction.

c. 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 four months from the date of receipt of a copy of this order.

¶9With the above directions, this Writ Petition is disposed of. No costs.

30.03.2026 (1/2) Index : Yes / No

Internet : Yes NCC : Yes / No

msrm To

¶1The Tahsildar Natham Taluk, Dindigul District.

¶2The Taluk Surveyor, Survey Department, Natham Taluk, Dindigul District.

¶3The Sub Inspector of Police, Natham Police Station, Dindigul District.

¶4The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai S.SRIMATHY, J msrm

30.03.2026 (1/2)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2026 CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY 1. Meena 2. R.Vaitheeswaran ... Petitioners Vs. 1. The Tahsildar Natham Taluk, Dindigul District. 2. The Taluk Surveyor, Survey Department, Natham Taluk, Dindigul District. 3. The Sub Inspector of Police, Natham Police Station, Dindigul District. 4. Kattaiyan @ Gunasekaran 5. Chandran 6. Arunachalam 7. Subramani 8. P.Shanmugam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to survey and demarcate the land situated in Old Survey No.129/1, New Survey No.504/6 to an extent of 1292 sq.ft/120.02 square meter at Natham Village, Natham Taluk, Dindigul District within a stipulated time as fixed by this Court and consequently direct the 3rd respondent to provide adequate protection for conducting survey. For Petitioners : Mr.C.Jeya Prakash For Respondents : Mr.S.Shanmugavel Additional Government Pleader (For R1 & R2) M/s.M.Aasha Government Advocate (Crl.Side) (For R3)