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2026 Supreme(Online)(Mad) 41003
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Srimathy, J
E.Thangavelu – Appellant
Versus
The District Collector Tirunelveli District – Respondent
W.P.(MD)No.12794 of 2026
For the Appellants/Petitioners: Mr.M.Sankar
For the Respondents:Mr.SRA.Ramachandran Additional Government Pleader, Ms.M.Aasha Government Advocate (Crl.Side)
Official respondents must follow standard procedures and due process when conducting property survey and demarcating boundaries on writ petitions for mandamus.
Headnote:The petitioner seeks a writ of mandamus directing the official respondents to survey and demarcate the petitioner's property measuring 3 acres and 2 cents in Survey No.113 at Mukkudal Village. The petitioner's mother and father have predeceased, leaving the petitioner and his sister as the sole surviving legal heirs. The private respondents claim rights derived from the petitioner's vendor's brother and have allegedly encroached upon a portion of the property. The Court directs the petitioner to submit an online application, after which the Tahsildar shall issue notices and conduct a survey within four months in accordance with law. The Court directs adherence to specific Standard Operating Procedures for the survey process and mandates that the petitioner file a civil suit to remove any encroachments rather than resorting to self-help measures. The Court emphasizes that the petitioner shall not evict the respondents without due process of law. The writ petition is disposed of.
| Table of Content |
|---|
| 1. writ petition filed for survey and demarcation of property by legal heir amid rival claims. (Para 1 , 2) |
| 2. court orders online application and tahsildar survey with notice to all parties. (Para 3) |
| 3. standard operating procedures require signatures and protest notations during survey. (Para 4) |
| 4. writ petition disposed with directions for civil suit to remove encroachments if needed. (Para 5) |
ORDER
The present writ petition has been filed for a Mandamus directing respondents 1 to 4 to conduct survey and measure the petitioner's property.
2. The petitioner's mother pre-deceased the petitioner's father. The the petitioner's father also died. One of the siblings of the petitioner also died. Therefore, as on date, the alive legal heirs are the petitioner and his sister Shenbagam and they are entitled to the property. However, the private respondents who claim right from the petitioner's vendor's brother namely, Isakki Devar, are claming right over a portion of the property. In fact, the private respondents sold a portion of the property belongs to the petitioner. Now the petitioner is intended to know the exact portion which is in possession of the private respondents. Therefore, he seeks to survey the property. The petitioner has not submitted any online application.
3. The petitioner is directed to submit online application within a period of four weeks and thereafter, the 3rd respondent/Tahsildar shall issue notice to the petitioner as well as the respondents 6 to 10 and then conduct a survey and issue survey report to the petitioner. In case, if the respondents 6 to 10 are in possession of the property, then the petitioner shall not evict them without following due process of law. It is strictly directed to file a civil suit to remove the encroachment if any made by the private individuals and the petitioner shall not take the law in his own hands and remove the encroachments. The Tahsildar is directed to survey the property within four months after issuing notice to the petitioner as well as rival claimants/private individuals in accordance with law.
4. This Court is 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.
5. With the above direction, the Writ Petition is disposed of. No costs.
