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2026 Supreme(Online)(Mad) 29573
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SRIMATHY, J, P.K.Amutha,
P.K.Amutha – Appellant
Versus
The Tahsildar, Usilampatti Taluk, Madurai District – Respondent
Writ Petition
For the Appellants/Petitioners: Mr.S.Prabhu
For the Respondents:Mr.A.Oliraja Government Advocate, Mrs.M.Asha Government Advocate (Crl.side)
Mandamus directs survey demarcation of disputed land boundaries after notice and SOP compliance within time frame.
Headnote:First Paragraph: Article 226 of the Constitution of India enables issuance of writ of mandamus for directing authorities to perform statutory duties. Petitioner claims ownership via registered sale deed over specific survey number land and paid survey fees after representation. Adjacent owner disputes boundary; court directs survey with notice to parties. Second Paragraph: Issue framed as directing survey and demarcation after fee payment despite boundary dispute. Ratio: Authorities must follow SOP including notice to parties, signature on satisfaction/protest with reasons before conducting survey as per law. Last Paragraph: Writ petition disposed of with directions to complete survey within twelve weeks; no costs.
| Table of Content |
|---|
| 1. petition seeks mandamus for land survey demarcation post fee payment amid boundary dispute (Para 1 , 2 , 4) |
| 2. final disposal by consent at admission stage (Para 3) |
| 3. direct survey with sop notice, signatures, completion in 12 weeks, police aid if needed (Para 5) |
THE HONOURABLE MRS.JUSTICE S.SRIMATHY P.K.Amutha ... Petitioner vs.
1.The Tahsildar, Usilampatti Taluk, Madurai District.
2.The Firka Surveyor, Usilampatti Firka, Madurai District.
3.The Inspector of Police, Vikkiramangalam Police Station, Madurai District.
4. Thankasamy ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondents 1 and 2 to conduct survey and demarcate the petitioner's land by fixing the four boundaries in Survey No.176/3A1A2, admeasuring an extent of 42 cents, situated at Muthalaikulam Village, Usilampatti Taluk, Madurai District, based on the prescribed fee paid through challan dated 11.02.2026, with the aid of the third respondent police, within a time frame as may be fixed by this Court.
For Petitioner : Mr.S.Prabhu For R1 & R2 : Mr.A.Oliraja Government Advocate For R3 : Mrs.M.Asha Government Advocate (Crl.side)
*****
ORDER
The present writ petition has been filed seeking issuance of a Writ of Mandamus, directing the Respondents 1 and 2 to conduct survey and demarcate the petitioner's land by fixing the four boundaries in Survey No.176/3A1A2, admeasuring an extent of 42 cents, situated at Muthalaikulam Village, Usilampatti Taluk, Madurai District, based on the prescribed fee paid through challan dated 11.02.2026, with the aid of the third respondent police, within a time frame as may be fixed by this Court.
2. Mr.A.Oliraja, learned Government Advocate, takes notice for the respondents 1 & 2. Mrs.M.Asha, learned Government Advocate (Crl.side) takes notice for the third respondent.
3.By consent of both parties, the writ petition is taken up for final disposal at the stage of admission.
4. The petitioner is claiming right over the property based on the sale deed bearing Document No.4360/2025 dated 13.11.2025. The petitioner's adjacent land owner, who is the fourth respondent is disputing the western side boundary of the petitioner's property. Hence, the petitioner is seeking to survey and demarcate the property. In this regard, the petitioner has given a representation and has paid the necessary charges.
5.This Court is directing the official respondents to conduct the survey after issuing notice to the petitioner and the fourth respondent and the rival parties, if any, and survey the property in accordance to law. The 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.
6. The aforesaid procedure shall be strictly followed by the parties.
The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. If the Tahsildar is seeking any police protection, the third respondent can provide the same.
