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2026 Supreme(Online)(Mad) 38870

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Srimathy, J
Murugesan – Appellant
Versus
Tahsildar, Mudhukulathur Taluk, Ramanathapuram District – Respondent
Writ Petition



Advocates:
For Petitioner: Mr.P.Ranjithkumar
For Respondents:Mrs.Jeya Priya Government Advocate

Mandamus issued directing survey of land per Tamil Nadu Survey and Boundaries Act with notice and SOPs.

Headnote:Under Tamil Nadu Survey and Boundaries Act, 1923, petitioner claimed ancestral land in Survey No.382/1A1A via settlement deeds, seeking mandamus for survey after representation. Court found petitioner and son in possession with patta in son's name. Directed Tahsildar to conduct survey. Issues framed as directing survey per Act based on representation. Court reasoned procedural fairness requires notice and signatures for satisfaction or protest. Writ petition disposed directing survey within four months, no costs.

Table of Content
1. petition seeks survey of ancestral land under survey act. (Para 2)
2. directs survey with notice, sops, and police aid. (Para 3)

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents to conduct survey as per Tamilnadu Survey and Boundaries Act, 1923 in respect of land comprised in Survey No.382/1A1A situated at Pookulam Village, Ilanchembur Group, Mudhukulathur Taluk, Ramanathapuram District, based on the petitioner's representation dated

17.03.2026.

2. The petitioner is claiming right over the property in Survey No.

382/1A1A as ancestral property. The petitioner’s mother was the original owner of the property, and the petitioner acquired the same through a settlement deed vide Document No. 1114 of 2012. Thereafter, the petitioner settled the property in favour of his son, Velavan, through a registered settlement deed vide Document No. 1260 of 2016, dated 10.11.2016. The petitioner’s son is residing away from the said property. Hence, the petitioner is taking care of the same. The property is in the possession of the petitioner and his son. Patta No. 10689 stands in the name of the petitioner’s son. In such circumstances, the petitioner seeks a survey of the land.

3. In view of the above, the first respondent / Tahsildar is directed to condcut survey with the assistance of the second respondent, after issuing notice to the petitioner as well as to the petitioner's son. If the first respondent requires any police protection, the same shall be provided by the jurisdictional police. 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.

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.

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