The High Court mandates revenue authorities to follow a strict procedure, including prior notice to stakeholders and formal documentation of survey results, when conducting land measurements and boundary demarcations under a Writ of Mandamus.

8.Kalaiselvan : Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to subdivide the property and issue separate patta in the petitioner's name and thereafter, survey the petitioner's property in New S.No.455/3B in Old S.No.455/3 to an extend of 1 Acres respectively situated at Thimmarasanayakkanur Bit-1 Village, Andipatti Taluk, Theni District, and to install the boundary stones as per revenue records by obtaining adequate police protection from the fourth respondent police within the period that may be stipulated by this Court.

For Petitioner : Mr.V.G.Vallarasu Chezhiyan For R-1 to R-3 : Mr.T.Amjadkhan Government Advocate For R-4 : M/s.M.Aasha, Government Advocate (Criminal side)

O R D E R

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to subdivide the property and issue separate patta in the petitioner's name and thereafter, survey the petitioner's property in New S.No.455/3B in Old S.No.455/3 to an extent of 1 Acres respectively situated at Thimmarasanayakkanur Bit-1 Village, Andipatti Taluk, Theni District and to install the boundary stones as per the revenue records by obtaining adequate police protection from the fourth respondent police within the period that may be stipulated by this Court.

2. The petitioner claims right over the property comprised in Survey No.455/3B (Old Survey No.455/3), to an extent of 1 Acre, as ancestral property. Patta was issued in the name of the petitioner's father in Patta No.4206. The petitioner's father, namely, Kannasamy, executed a settlement deed in favour of the petitioner through a registered settlement deed dated 01.12.2011 in Document No. 8190 of 2011. Thereafter, the petitioner was in peaceful possession and enjoyment of the said property. Now, the petitioner is seeking to survey, demarcate and to issue separate patta based on the settlement deed.

3. The second respondent is directed to conduct a survey after issuing notice to the petitioner and any rival claimants, if any and pass appropriate orders in accordance with law. If the second respondent requires police protection, the same shall be provided by the fourth respondent. If the petitioner seeks fixation of boundary stones, the same shall be carried out at the cost of the petitioner and the petitioner shall also bear separate charges for police protection, if required. 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 three months from the date of receipt of a copy of this order.

4. With the above directions, this Writ Petition is disposed of.

There shall be no order as to costs.