Malleswari Vs The Tahsildar

Writ petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the 2^nd respondent to conduct Field Survey of the petitioner’s land with Police protection, if necessary to mark boundaries to erect boundary stones to issue her Sub-Division patta based on her Application No.2026/0105/35/016598 dated 08.05.2026.

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https://www.mhc.tn.gov.in/judis

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WP No. 24494 of 2026

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For Petitioner(s): M/S.Sathia Chandran For Respondent(s): Ms.Inthu Karunakaran, Govenrment’s Counsel for R1 and R2

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Mr. Durai Gunasekaran, Government Advocate (Crl.side) for R3

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Order

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This writ petition has been filed seeking to direct the 2^nd respondent to conduct a field survey in the petitioner’s land with police protection based on her Application No.2026/0105/35/016598 dated 08.05.2026 for sub-division and issuance of patta.

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2.Learned counsel for the petitioner would submit that the petitioner made an application No.2026/0105/35/016598 dated 08.05.2026 seeking for sub-division and issuance of patta in respect of the property in Survey No. 89 in Perungalathur Village, Tambaram Taluk based on the Final Decree in I.A.No. 5 of 2022 dated 22.04.2025. Since the same was not considered the respondents, the present writ petition has been filed.

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3.Ms.Inthu Karunakaran, learned Government’s Counsel accepts notice

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on behalf of R1 and R2 and Mr.Durai Gunasekaran, Government Advocate (Crl.side) accepts notice on behalf of R3.

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https://www.mhc.tn.gov.in/judis

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WP No. 24494 of 2026

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4.Learned Government’s Counsel, who accepts notice on behalf of the respondents 1 to 2 would submit that considering the petitioner’s application dated 06.06.2026 for sub-division and issuance of patta, while the respondents 1 and 2 tried to conduct a field survey, the neighbours objected and obstructed the respondents 1 and 2 from conducting the survey and therefore she prayed this Court to pass appropriate orders.

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5.Heard the learned counsel for the petitioner; the learned Government’s Counsel appearing for the respondents 1 and 2 and the learned Government Advocate appearing for the 3^rd respondent.

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6.Considering the submissions made by both parties and in view of the limited prayer sought for in this writ petition, this Court is of the view that it is open to the respondents 1 and 2 to request for Police protection from the 3^rd respondent/jurisdictional Police for conducting field survey in the petitioner’s property. If any such request is made, the 3^rd respondent/jurisdictional Police is directed to provide an adequate Police protection for conducting the field survey. The respondents 1 and 2 is also directed to dispose of the petitioner’s application dated 08.05.2026, on merits and in accordance with law, after conducting enquiry by issuing prior notice to the petitioner and the obstructor if any, within a period of eight (8) weeks from the date of receipt of a copy of this order.

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https://www.mhc.tn.gov.in/judis

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WP No. 24494 of 2026

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7.It is made clear that this order is passed solely for the purpose of

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directing respondents 1 and 2 to conduct a field survey in the subject property. If any dispute arises regarding the possession of the property, it must be resolved by filing a suit before a competent Civil Court. In the event of a title dispute, official respondents shall not take possession of the property and hand it over to any party. It is up to the parties concerned to seek recovery of possession through the due process of law.

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