Fathimasasikala v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Fathimasasikala .. Petitioner Vs.

1.The District Collector, Cuddalore District, Cuddalore.

2.The Revenue Divisional Officer, Cuddalore District, Cuddalore.

3.The Tahsildar, Panruti, Cuddalore District.

4.The Surveyer, Panruti, Cuddalore District.

5.Motcharakkini Mary .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the 3rd respondent not to survey the land situated at Old Survey No.145/2K2 to the extent of 30 1/5

cents at Sathipattu Firgasathipattu Village, Panruti Taluk which is the subject matter of the suit filed as O.S.No.66 of 2013 pending on the file of the District Munsif Court, Panruti, till the disposal of the suit. (Prayer amended as per order of this Court dated 27.02.20215 in W.M.P.No.6045 of 2025 in W.P.No.3710 of 2025) For Petitioner :

Mr.K.Vijayakumar For RR 1 to 4 :

Mr.M.R.GokulKrishnan Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the 3rd respondent not to survey the subject property in view of the pendency of the suit in O.S.No.66 of 2013 on the file of the District Munsif Court, Panruti.

2.When the matter was taken up for hearing today, the learned Additional Government Pleader on instructions submitted that the 5th respondent had approached this Court and filed W.P.No.37599 of 2024 seeking for the survey of the subject property. This Court disposed of the writ petition by order dated 17.12.2024. Based on the same, this Court directed the respondents to issue notice to all the adjacent land owners 2/5

and other interested parties and hold an enquiry and thereafter decide on the request made by the 5th respondent seeking for the survey of the subject property. The learned Additional Government Pleader submitted that considering the fact that the suit is pending between the parties, the 3rd respondent has taken a decision not to conduct a survey in the subject property. He further submitted that the decision taken by the 3rd respondent will be conveyed to the 5th respondent. 3.Recording the above submission made by the learned Additional Government Pleader, this Writ Petition is disposed of. No costs. 06.03.2025 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The District Collector, Cuddalore District, Cuddalore.

2.The Revenue Divisional Officer, Cuddalore District, Cuddalore.

3.The Tahsildar, Panruti, Cuddalore District.

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4.The Surveyer, Panruti, Cuddalore District.

N.ANAND VENKATESH, J.

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