Madras High Court
A.Senthil Kumar vs The District Collector on 13 September, 2024
W.P.No.26726 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR
W.P No.26726 of 2024
and
W.M.P.No.29231 of 2024
A.Senthil Kumar ...Petitioner
Vs.
1. The District Collector,
Thiruppur District.
2. The Revenue Divisional Officer,
Udumalpet, Thiruppur District.
3. The District Revenue Officer,
Thiruppur District.
4. Sub Inspector of Survey,
Thiruppur District.
5. Inspector of Survey,
Thiruppur District.
6. The District Surveyor,
Thiruppur.
7. Babu Kumar
8. J.Sudhakar
9. Dr.P.M.Balasubramaniam
10. Tmt.T.Kalaivani ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the respondents 1 to 6 not to take
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1/6
W.P.No.26726 of 2024
any steps for surveying / sub dividing the property in S.F.No.71/2C, measuring
an extent of 15 cents, of Allapalayam Village, udumalaipettai Taluk and sub
Registrar office, Trupur Revenue District, contrary to the Civil Court's
Judgment and decree dated 11.09.2023 in O.S.No.247 of 2023 on the file of
the Sub Court, Udumalpet.
For Petitioner : Mr.A.Sivaji
For R1 to R6 : Mr.S.J.Sathik Mohamed
Government Advocate
ORDER
The petitioner herein seeks a direction to the respondents 1 to 6 not to
take any steps for surveying / sub-dividing the property in S.F.No.71/2C,
measuring an extent of 15 cents, situated at Aalampalayam Village, Udumalpet
Taluk and Sub Registrar Office, Tirupur Revenue District, contrary to the Civil
Court's Judgment and decree dated 11.09.2023 in O.S.No.247 of 2023 on the
file of the Sub Court, Udumalpet.
2. According to the petitioner, he has filed a suit in O.S.No.247 of 2023
before the Sub Court, Udumalpet, for declaration of title and recovery of
possession against one Babu Kumar, who is the seventh respondent herein,
and obtained a decree on 11.09.2023 in his favour. To execute the said decree,
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he filed a petition in E.P.No.28 of 2024 against the seventh respondent and the
same is pending. It is further stated by the petitioner that pending the execution
proceedings, the seventh respondent sold the suit property to three persons
under the Sale Deeds dated 19.01.2024, 05.02.2024 and 05.02.2024. Now, the
official respondents, at the instance of the purchasers / respondents 8 to 10, are
taking steps to survey the suit property. Therefore, the petitioner submitted his
objections by way of representation dated 30.05.2024 to the second respondent
and the same has not been considered till date. Therefore, the petitioner is
before this Court.
3. Heard the learned counsel for the petitioner and the learned
Government Advocate who takes notice for the official respondents and
perused the documents enclosed in the typed set of papers.
4. This court is of the view that if the petitioner's title in respect of the
subject property was already declared by the civil Court, the petitioner has got
valid objections against the survey of the property by the third respondent. The
respondents 8 to 10 purchased the said property from the seventh respondent,
who suffered the decree. Therefore, the official respondents shall not undertake
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any survey without considering the objections made by the petitioner in his
representation dated 30.05.2024. Accordingly, the second respondent is
directed to consider the objections of the petitioner dated 30.05.2024 and pass
final orders on merits, after issuing notice to the petitioner as well as the
contesting respondents 7 to 10, within a period of eight weeks from the date of
receipt of a copy of this order.
5. With the above direction, this Writ Petition is disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
13.09.2024
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
av
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To
1. The District Collector,
Thiruppur District.
2. The Revenue Divisional Officer,
Udumalpet, Thiruppur District.
3. The District Revenue Officer,
Thiruppur District.
4. Sub Inspector of Survey,
Thiruppur District.
5. Inspector of Survey,
Thiruppur District.
6. The District Surveyor,
Thiruppur.
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S. SOUNTHAR, J.
av
13.09.2024
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