Mrs.Arulmozhi v. The District Collector

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 11207 of 2025

1. Mrs.Arulmozhi 2.Mrs.Revathi Petitioner(s) Vs

1. The District Collector Gundu Salai Rd, Alpet, Manjakuppam, Cuddalore 607001.

2.The Tahsildar Taluk Office, Panruti Tamil Nadu 607 106 3.Land Survey Officer Taluk Office, Panruti, Tamil Nadu 607 106 4.Mr.Ezhumalai 5.Mr.Thangamurugan 6.Mrs.Malathi

2/6 7.Minor Balaji 8.Minor Thamilarasan Respondent(s) Minors may be represented by their next friend, their mother, who is the 6 th respondent.

PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, Calling for records and quashing the proceedings of the 2nd respondent herein in Na.Ka.A3/4560/2024 dated 20th January 2025 and consequently, direct the 1st to 3rd respondent Authorities herein to survey the petitioner's property situated at Survey Nos. 125/16 (measuring an extent of 0.13.5 Ares), 125/19 (measuring an extent of 0.03.5 Ares) and 125/20 (measuring an extent of 0.02.0 Ares) Palavayaranatham village, Panrutti Sub-Registration District, Cuddalore Registration District. For Petitioner(s):

Ms.R.Aparna For Respondent(s):

Mr.P.Sathish Additional Government Pleader for R1 to R3

ORDER

This writ petition has been filed challenging the impugned proceedings of the 2 nd respondent dated 20.01.2025 and for a consequential direction to the respondents 1 to 3 to survey the subject property and to demarcate the boundaries.

3/6 2.Heard Ms.R.Aparna, learned counsel appearing on behalf of the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of the respondents.

3.A careful reading of the impugned proceedings of the 2 nd respondent dated 20.01.2025 shows that there is a pending suit in O.S.No.137 of 2022 on the file of the learned District Munsif Court, Panruti and the petitioner is one of the defendant in that suit. In view of the same, the 2 nd respondent has refused to conduct the survey.

4.This Court does not find any illegality in the order passed by the 2 nd respondent. It is an admitted case that there is a suit pending before the learned District Munsif Court, Panruti in O.S.No.137 of 2022 which was filed by the private respondents. In view of the same, it is left open to the petitioner to file an appropriate application before the Trial Court seeking for the survey of the subject property with the help of the Surveyor by appointing an Advocate

4/6 Commissioner. As and when any such application is filed, the same shall be decided by the learned District Munsif Court, Panruti, on its own merits and in accordance with law and order shall be passed, as expeditiously as possible. Except giving this clarity, no further orders can be passed in this writ petition. 5.This writ petition is disposed of in the above terms. No Costs. Consequently, connected miscellaneous petition is closed. 27-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

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1. The District Collector Gundu Salai Rd, Alpet, Manjakuppam, Cuddalore 607001.

2.The Tahsildar Taluk Office, Panruti Tamil Nadu 607 106 3.Land Survey Officer Taluk Office, Panruti, Tamil Nadu 607 106

6/6 N.ANAND VENKATESH J.

ssr 27-03-2025