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2026 Supreme(Online)(Mad) 46348
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Srimathy, J
Sendrayaperumal – Appellant
Versus
Revenue Divisional Officer – Respondent
W.P(MD)No.11644 of 2026
For the Appellants/Petitioners: V.G.Vallarasu Chezhiyan
For the Respondents: SRA.Ramachandran, M.Aasha
Administrative authorities must follow a transparent inquiry process, including notice and a hearing for all affected parties, before resolving land subdivision and survey disputes where discrepancies in the extent of land are identified.
Headnote:The petitioner sought a Writ of Mandamus to direct the authorities to subdivide his property, issue a separate patta, and conduct a land survey with police protection under Article 226 of the Constitution of India, based on a registered sale deed. The respondents contended that the property is currently under a joint patta involving multiple heirs and that a preliminary survey indicated a discrepancy between the claimed and available land extent. The core issue centered on the administrative obligation to survey property and the resolution of conflicting land claims. The court reasoned that in cases involving competing interests or title disputes, particularly where land extent is contested, the authorities must conduct a fair enquiry with notice to all concerned parties, adhering to due process and transparency under the relevant revenue laws. The court disposed of the petition directing the competent authority to conduct a formal enquiry after hearing all stakeholders, and ordered that any subsequent survey and installation of boundary stones be performed following a prescribed standard operating procedure within four months, noting the petitioner's liberty to seek civil remedies if encroachment persists.
| Table of Content |
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| 1. petitioner seeks land survey and subdivision based on sale deed, while respondents cite existing joint occupancy. (Para 1 , 2 , 3) |
| 2. mandate for administrative inquiry and adherence to survey protocols for land dispute resolutions. (Para 4 , 5) |
THE HONOURABLE MRS JUSTICE S.SRIMATHY W.P(MD)No.11644 of 2026 Sendrayaperumal ... Petitioner .Vs.
1.The Revenue Divisional Officer, Andipatti Taluk, Theni District.
2.The Tahsildar, Andipatti Taluk, Theni District.
3. The Head Surveyor, Andipatti Taluk, Theni District.
4. The Inspector of Police, Mayiladumparai Police Station, Andipatti Taluk, Theni District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue 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 S.No.399/2A1 to an extent of 38.285 cents out of 2 acres 24 cents respectively situated at Mayiladumparai Village, Andipatti Taluk, Theni District and to instal 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. For Petitioner : Mr.V.G.Vallarasu Chezhiyan For Respondents : Mr.SRA.Ramachandran
1 to 3 Addl.Govt.Pleader For Respondent-4 : M/s.M.Aasha Govt. Advocate(Crl.side)
O R D E R
This petition has been filed seeking to 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 S.No.399/2A1 to an extent of 38.285 cents out of 2 acres 24 cents respectively situated at Mayiladumparai Village, Andipatti Taluk, Theni District and to instal 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 learned counsel for the petitioner submitted that the petitioner purchased an extent of 38.285 cents in S.No.399/2A1, out of the total extent of 2 acres and 24 cents, by way of a registered sale deed bearing Doc.No.2087 of 2011 dated 08.11.2011. Hence, the petitioner seeks to subdivide the property and issuance patta.
3. The learned Additional Government Pleader appearing for respondents 1 to 3 submitted that there are five legal heirs and that a joint patta has been issued in their favour. He further submitted that, based on the petitioner’s application, the respondents conducted a survey of the property and found that only 25 cents are available, whereas the petitioner is claiming 38 cents.
4. Therefore, this Court is of the opinion that the 2nd respondent shall conduct an enquiry, after issuing notice to the petitioner as well as the other joint pattadhars, and pass appropriate orders by affording an opportunity of hearing to both parties. In the event that the Tahsildar arrives at the conclusion that the petitioner is entitled to have the property surveyed, the same shall be done in accordance with law. If necessary, seek police protection, the 4th respondent shall provide police protection to survey the land. In case the petitioner seeks to install the boundary stone, the same may be provided at the cost of the petitioner. The Court is also 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 s
