Madras High Court
Malarkodi vs The District Collector on 12 March, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.8530 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.03.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.8530 of 2025
Malarkodi
W/o.Dasaraj ... Petitioner
Vs.
1.The District Collector,
Thirupathur District,
Thirupathur.
2.The Tahsildar,
Vaniyambadi Taluk,
Thirupathur District.
3.The Taluk Surveyor,
Vaniyambadi Taluk,
Thirupathur District.
4.Rajakumari
W/o.Ganesan
5.Chellammal
W/o.Ramalingam
6.M.Kumarasamy
S/o.Late P.Margabandhu
7.S.Samidass
S/o.Samudi ... Respondents
Writ Petition filed under Article 226 of the Constitution of
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1/6
Writ Petition No.8530 of 2025
India seeking issuance of a Writ of Mandamus directing the third
respondent not to conduct the survey in S.F.No.426/1 (1.17¼ acres)
S.F.No.427/2 (1.67 acres) S.F.No.428/1A (0.17 ½ cents) including one
Well, 3 H.P.Electric Motor in Sankarapuram Village, Vadakupattu
Village, Madura, Vaniyambadi Taluk, Thirupathur District, by
considering the petitioner's representation dated 19.02.2025.
For Petitioner : Mr.M.Guruprasad
For Respondent : Mr.P.Sathish
Additional Government Pleader
[R1 to R3]
*****
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus directing the third respondent not to conduct any survey in the
subject property based on the objections submitted by the petitioner on
19.02.2025.
2. Heard Mr.M.Guruprasad, learned counsel for the petitioner
and Mr.P.Sathish, learned Additional Government Pleader appearing for
respondents 1 to 3.
3. The specific case of the petitioner is that a suit was filed in
O.S.No.235 of 1995 on the file of District Munsif cum Judicial
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Magistrate, Vaniyambadi, by the petitioner, his brother and mother
seeking for the relief of declaration of title and permanent injunction with
respect to the subject property. The suit was contested by the respondents
4 and 5 and the suit was dismissed by judgment and decree dated
10.01.2010. Aggrieved by the same, an appeal was filed in A.S.No.29 of
2011 and the same was dismissed by judgment and decree dated
25.04.2014. Challenging the same, S.A.No.1205 of 2014 was filed before
this Court and the same is pending. In the mean time, the respondents 4
and 5 along with their mother filed a suit in O.S.No.241 of 1995 before
the District Munsif-cum-Judicial Magistrate, Vaniyambadi and this suit
was dismissed for default on 20.08.2001.
4. The respondents 4 and 5 are said to have alienated the
subject property to the sixth respondent through a registered sale deed
dated 25.04.2019. The sixth respondent once again alienated the property
in favour of the seventh respondent through a registered sale deed dated
24.12.2024 vide document No.10289 of 2024. Based on the same, patta
was also granted in the name of seventh respondent in patta No.1193. An
attempt was made to survey the subject property and hence, the petitioner
filed an objection on 19.02.2025 not to survey the property in the light of
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the pending second appeal before this Court. Since the same was not
considered, the present writ petition has been filed before this Court
seeking for appropriate directions.
5. Learned Additional Government Pleader, on instructions,
submitted that till date, no application was submitted for conducting
survey in the subject property. As and when any such application is
given, the objection given by the petitioner on 19.02.2025 will be taken
into account and a decision will be taken by the respondents 2 and 3.
6. Taking into consideration the facts and circumstances of the
case and the materials placed before this Court and considering the
submissions made by the learned Additional Government Pleader, there
shall be a direction to the respondents 2 and 3 to deal with the objection/
representation made by the petitioner on 19.02.2025 whenever any
application is submitted for survey of the subject property. The objections
made by the petitioner shall be taken into account before taking a
decision.
This writ petition is disposed of in the above terms. No costs.
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12.03.2025
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
gm
To
1.The District Collector,
Thirupathur District,
Thirupathur.
2.The Tahsildar,
Vaniyambadi Taluk,
Thirupathur District.
3.The Taluk Surveyor,
Vaniyambadi Taluk,
Thirupathur District.
N.ANAND VENKATESH, J
gm
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12.03.2025
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