Nallathambi v. The District Collector,

ORDER The present writ petition has been filed seeking a direction to respondents 2 and 3 to survey the property of the petitioner to the extent of 13 cents out of 23 cents in Survey No.385/12, situated at Thumbaipatti Village, Melur Taluk, Madurai District, by considering the petitioner's application dated 05.02.2026.

¶2According to the petitioner, the subject property, measuring a total extent of 23 cents, was purchased by the petitioner under a registered Sale Deed dated 19.10.1978, and he has been in possession and enjoyment of the same. Subsequently, a Settlement Deed was executed on 18.12.2020 allegedly by the petitioner and his mother, namely, P.Meenal, in favour of the 5th respondent, settling an extent of 10 cents out of the total extent of 23 cents in his favour. The validity of the said Settlement Deed has been challenged by the petitioner in a separate suit in O.S.No.313 of 2023, which is pending on the file of the Principal District Court, Madurai. The petitioner has now submitted an application seeking a survey of the above mentioned property so as to earmark the remaining 13 cents available with him. The said application has not been considered. Hence, the petitioner has come before this Court.

¶3Mrs.Porkodi Karnan, learned Special Government Pleader, who takes notice for respondents 1 to 3, submits that the application filed by the petitioner will be considered in respect of the remaining property of the petitioner.

¶4In the light of the above submission, respondents 1 and 2 are directed to consider the application filed by the petitioner dated

05.02.2026 in Application No.2026/0123/24/000961 and pass final orders on the same on its own merits within a period of twelve [12] weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, respondents 5 and 6, the neighboring landowners, and other interested parties.

¶5In the result, this Writ Petition is disposed of. No costs.

11.08.2026 NCC : Yes/No Internet : Yes/ No Index : Yes/No mkn To

1.The District Collector, Madurai District, Madurai.

2.The Tashildar, Melur Taluk Office, Melur Taluk, Madurai District.

3.The Taluk Surveyor, Land and Survey Department, Melur Taluk Office, Melur Taluk, Madurai District.

4.The Inspector of Police, Melur Police Station, Madurai District.

S. SOUNTHAR, J. mkn

11.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2026 CORAM THE HONOURABLE MR JUSTICE S. SOUNTHAR Nallathambi ... Petitioner ` Vs. 1.The District Collector, Madurai District, Madurai. 2.The Tashildar, Melur Taluk Office, Melur Taluk, Madurai District. 3.The Taluk Surveyor, Land and Survey Department, Melur Taluk Office, Melur Taluk, Madurai District. 4.The Inspector of Police, Melur Police Station, Madurai District. 5.Palaniyappan 6.P.Meenal ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing respondents 2 & 3 to survey and fix four boundaries of the petitioner's land to an extent of 13 cents out of 23 cents in Survey No.385/12 situated at Thumbaipatti Village, Melur Taluk, Madurai District and consequently directing the 4th respondent to give adequate police protection in the event of survey the said property by considering the petitioner's application dated 05.02.2026 in Application No.2026/0123/24/000961 within a stipulated period as framed by this Court. For Petitioner : Mr.P.Balamurugan, Advocate For R1 to R3 : Mrs.Porkodi Karnan, Special Government Pleader For R4 : Mr.R.Mohamed Riyaz, Government Advocate (Criminal)