K.Sivajothi Vs The Tahsildar

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's online application dated 07.03.2026 and to conduct survey of the land and ear mark the four boundaries in S.No.120/11B1A of an extent of 0.52.00 Ares, S.No.182/4 of an extent of 0.5.50 Ares, S.No.158/7 of an extent of 0.20.00 Ares, S.No.280/9A of an extent of 0.26.50 Ares and S.No.283/1A of an extent of 0.26.25 Ares in Kothamangalam South Village, Alangudi Taluk, Pudhukkottai

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District within the time limit that may be fixed by this Court

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W.P.(MD)No.9786 of 2026

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For Petitioner : Mr.M.Karthikeya Venkitachalapathy For Respondents : Mr.A.Oliraja Government Pleader (For R1 & R2)

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O R D E R

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This petition has been filed seeking to direct the respondents to consider the petitioner's online application dated 07.03.2026 and to conduct survey of the land and ear mark the four boundaries in S.No.120/11B1A of an extent of 0.52.00 Ares, S.No.182/4 of an extent of 0.5.50 Ares, S.No.158/7 of an extent of 0.20.00 Ares, S.No.280/9A of an extent of 0.26.50 Ares and S.No. 283/1A of an extent of 0.26.25 Ares in Kothamangalam South Village, Alangudi Taluk, Pudhukkottai District within the time limit that may be fixed by this Court.

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The learned counsel for the petitioner submitted that the petitioner

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claims rights over the properties situated in Kothamangalam South Village, Alangudi Taluk, Pudukkottai District, comprising Survey Nos.120/11B1A

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(0.52.00 Ares), 182/4 (0.5.50 Ares), 158/7 (0.20.00 Ares), 280/9A (0.26.50 Ares), and 283/1A (0.26.25 Ares). These properties are stated to be ancestral in nature. He further submitted that the petitioner had earlier filed a suit in O.S. No.147 of 1988 before the Principal Sub Court, Pudukkottai, seeking partition, which was decreed on 24.09.1991. Aggrieved by the same, the defendants preferred an appeal in A.S. No.651 of 1992 before this Court; however, the appeal was dismissed, thereby confirming the judgment of the trial Court. This Court also directed the trial Court to dispose of the final decree proceedings within six months. Subsequently, the petitioner filed I.A. No.685 of 2022, pursuant to which the trial Court appointed an Advocate Commissioner to inspect the properties and effect division. After inspection, the Advocate Commissioner submitted his report, and based on the same, the trial Court passed the final decree on 06.11.2025. In these circumstances, the petitioner has sought demarcation of the properties and has submitted an online application on 07.03.2026 after paying the requisite fee.

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Heard The learned Government Advocate appearing for respondents

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1 & 2.

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Considering the facts and circumstances of the case, this Court directs the 1^st respondent to conduct the survey and demarcate the property in the light of the final decree order with the assistance of the second respondent after issuing notice to the petitioner as well as the rival claimants if any. If necessary, seek police protection, the Jurisdictional police shall provide police protection to survey the land. The Court is also directing the Official respondents to adhere to the following Standard Operating Procedures:

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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.

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b. After survey again the petitioner shall affix signature indicating that the survey was conducted to their satisfaction.

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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.

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The aforesaid procedure shall be strictly followed by the parties The said exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.

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5 . With the above directions, this Writ Petition is disposed of. No costs.

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09.04.2026

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Index : Yes / No Internet : Yes NCC : Yes / No msrm

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