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Madras High Court
Muthulakshmiammal vs The Tahsildar on 27 February, 2026
W.P.(MD) No.5384 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.02.2026
CORAM
THE HONOURABLE MR.JUSTICE K.SURENDER
W.P.(MD) No.5384 of 2026
Muthulakshmiammal ... Petitioner
Vs.
1.The Tahsildar,
Rajapalayam,
Virudhunagar District.
2.The Surveyor,
Rajapalayam Taluk,
Virudhunagar District.
3.V.Boopathi alias Boopathiyammal ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
for issuance of a Writ of Certiorarified Mandamus, to call for records
relating to the proceedings in Na.Ka.F.L.A 456/2024 dated 31.07.2024 on
the file of the first respondent and quash the same and consequently direct
the first and second respondents to survey and to earmark the four
boundaries of petitioners Punja land in S.No.907/1A2I, Patta No.2997
situated at Melarajakularaman Village, Keelarajakularaman Sub
Registration, Rajapalayam Taluk, Virudhunagar District on the basis of
the petitioner's representation dated 27.09.2023.
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W.P.(MD) No.5384 of 2026
For Petitioner : Mr.S.Vashik Ali
for Mr.R.Niresh Kumar
For R1 & R2 : Mr.P.Subbaraj
Special Government Pleader
ORDER
This Writ Petition has been filed seeking issuance of a Writ of
Certiorarified Mandamus to call for the records relating to the proceedings
in Na.Ka.F.L.A.No.456/2024 dated 31.07.2024 on the file of the first
respondent and to quash the same and consequently to direct the first and
second respondents to survey and earmark the four boundaries of the
petitioner’s punja land comprised in S.No.907/1A2I, Patta No.2997,
situated at Melarajakularaman Village, Keelarajakularaman Sub-
Registration District, Rajapalayam Taluk, Virudhunagar District, on the
basis of the petitioner’s representation dated 27.09.2023.
2. With the consent of the parties, this Writ Petition is taken up for
final disposal at the admission stage itself.
3. Earlier, this Court, by order dated 05.04.2024 in W.P.(MD) No.
8817 of 2024 filed by the petitioner herein, directed the respondents to
conduct a survey with the following directions:
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(I) The petitioner is directed to submit his / her
application in on-line mode. The survey authority will
scrutinize if the application submitted by the petitioner
is in order.
(II) The petitioner will have to enclose all the
relevant documents such as patta. The applicant must
have individual patta in his / her name. If he / she is
having joint patta, copattadars must give their consent
for conducting survey.
(III) The survey authority will issue notice to the
writ petitioner as well as the adjacent land owners and
also to the interested persons, if any.
(IV) Enquiry shall be held. During enquiry,
objections raised by the adjacent land owners /
interested persons shall be considered.
(V) If according to the jurisdictional authority, the
objections are without any basis, the same shall be
overruled and the objectors shall be informed
accordingly. But the survey will be conducted only after
a period of six weeks so that the objector can move the
concerned Court for injunction. If before the proposed
date of survey, the objector is unable to obtain any
injunction order, the survey can very well go on.
(VI) It is open to the parties to serve memo of
instructions to the surveyor at the time of conducting
survey. The same will be borne in mind. While it cannot
be binding on the surveyor, the same will be taken note
of.
(VII) If the jurisdictional authority finds
objections to be having substance, then, he shall call
upon the applicant to move the jurisdictional civil Court
for agitating his rights.
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(VIII) If required, the survey authority is
empowered to seek aid of the jurisdictional police and
the jurisdictional police are mandated to grant police
protection.
(IX) It is made clear that at the end of the survey
exercise, survey stones alone can be installed. The
exercise of survey and demarcation undertaken pursuant
to the direction of this Court can never result in
dispossession of any party. If the petitioner wants to put
up fencing and if there is any objection from any private
party, fencing can be put up only after the petitioner
obtains decree from the jurisdictional Civil Court.
(X) The survey authority will conclude the entire
exercise one way or the other within a period of six
weeks after service of notice on the interested persons.
(XI) A copy of the survey report along with
sketch will be served on the parties. No costs.
4. The learned counsel for the petitioner would submit that the
impugned order has been passed by the first respondent stating that the
survey could not be conducted on three grounds, namely: (i) that the
petitioner had not applied through the online portal; (ii) that a civil suit is
pending; and (iii) that the co-pattadar has not given consent for the
conduct of the survey, though this Court had directed the respondents to
conduct the survey subject to certain conditions. It is further submitted
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that the petitioner had already submitted an online application dated
27.09.2023.
5. This Court has already imposed certain conditions for conducting
the survey of the land. The petitioner has also filed an online application,
a copy of which has been annexed in the typed set of papers. Therefore,
following the earlier order of this Court dated 05.04.2024 in W.P.(MD)
No.8817 of 2024, the respondents are directed to conduct the survey
within a period of twelve (12) weeks from the date of receipt of a copy of
this order. All other conditions, except the time limit and the requirement
of filing the online application, shall be complied with while conducting
the survey.
6. With the above observations, this Writ Petition is disposed of.
There shall be no order as to costs.
[K.SURENDER, J.]
27.02.2026
JEN
Index : Yes / No
Neutral Citation : Yes / No
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To
1.The Tahsildar,
Rajapalayam,
Virudhunagar District.
2.The Surveyor,
Rajapalayam Taluk,
Virudhunagar District.
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K.SURENDER, J.
JEN
27.02.2026
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