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2026 Supreme(Online)(Mad) 40204
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Srimathy, J
Balasubramanian – Appellant
Versus
The Tahsildar – Respondent
For the Petitioner: Mr. J. Senthil Kumaraiah
For the Respondents: Mr. S. Shanmugavel Additional Government Pleader
Courts may direct revenue authorities to conduct survey when statutory duties are unperformed and property rights are involved.
Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a direction to the respondents to conduct a survey and demarcate boundaries of ancestral property in Survey No.14/2 at Vilacheri Village. The property originally belonged to the petitioner's maternal grandmother who executed a settlement deed in 1979 favoring multiple family members including the petitioner. The court directed the respondents to conduct the survey within twelve weeks following specific SOPs and disposed of the petition. The main issue was whether the court should issue a mandamus directing the respondents to conduct survey and demarcation based on the petitioner's application. The court reasoned that proper demarcation serves public interest and the petitioner's rights over the property warrant enforcement of the statutory duty. The writ petition is disposed of with directions to complete the survey exercise within twelve weeks.
| Table of Content |
|---|
| 1. facts of the case and property ownership background (Para 1 , 2) |
| 2. respondent's statement regarding notice and non-appearance (Para 3) |
| 3. court's directions and standard operating procedures (Para 4) |
| 4. final disposal of writ petition (Para 5) |
THE HONOURABLE MRS.JUSTICE S.SRIMATHY Balasubramanian ... Petitioner Vs
1. The Tahsildar, Taluk Office, Madurai West, Madurai.
2. The Firka Surveyor, O/o. Firka Surveyor, Nagamalai Pudukottai, Madurai West, Madurai. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to conduct survey and demarcate the boundaries in respect of the petitioner's family property comprised in Survey No.14/2 situated at Vilacheri Village, Madurai West Taluk, Madurai District, by considering the petitioner's online application No.2026/0123/24/001765 dated 02.03.2026, within a time frame as may be fixed by this Court.
For Petitioner : Mr.J. Senthil Kumaraiah For Respondents : Mr.S.Shanmugavel Additional Government Pleader
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents to conduct a survey and demarcate the boundaries in respect of the petitioner's family property comprised in Survey No.14/2, situated at Vilacheri Village, Madurai West Taluk, Madurai District, by considering the petitioner's online application No.2026/0123/24/001765 dated
02.03.2026, within a time frame as may be fixed by this Court.
2. The petitioner is claiming right over the property in Survey No.14/2 as ancestral property. The petitioner's maternal grandmother, namely Mukkammal @ Chinnammal, was the owner of the property. The said Mukkammal @ Chinnammal, executed a settlement deed dated 11.09.1979 in respect of various properties in favour of the petitioner, the petitioner's father namely Aladi Thiraviyam, the petitioner's mother Muniyammal, and the petitioner's brothers namely Seenivasan and Aladi Balamurugan @ Venkatesan. The property in Survey No.14/2 was also included in the said settlement deed. Thereafter, the petitioner's parents died, and the petitioner along with his brothers inherited the property as legal heirs. Joint Patta No.3717 stands in the names of the petitioner and his brothers. The petitioner is now seeking survey and demarcation of the property. The petitioner further submitted that there are no rival claimants in respect of the said property.
3. The learned Additional Government Pleader appearing for the respondent submitted that notice was issued on 27.03.2026 directing the petitioner to appear before the respondent in person along with the relevant documents, but the petitioner failed to appear. The said submission is recorded.
4. In view of the above, this Court is directing the petitioner as well as his brothers to appear before the respondents with all relevant documents. Thereafter, the first respondent shall conduct a survey with the assistance of the second respondent. If the first respondent requires 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 twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition is disposed of. The
