S.M.Ganesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH and W.M.P.No.7596 of 2025 W.P.No.6031 of 2025 S.M.Ganesan ... Petitioner Vs.

1. The District Collector,

2. The Sub-Collector, Hosur, Krishnagiri District.

3. The Tahsildar, Taluk Office, Shoolagiri Town and Taluk,

4. The District Surveyor,

5. Mohammed Inayeth ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to not to conduct survey of land belonging to the petitioner in Survey No.70/3B2B measuring an extent of 0.61 cents situated at Shoolagiri Town, Shoolagiri S.R.D.,

Krishangiri District on 13.02.2025 or any other date till the disposal of the pending appeal in A.S.Sr.No.137 of 2025 and A.S.Sr.No.138 of 2025 on the file of the Principal District Judge, Krishnagiri. For Petitioner : Mr.G.M.Ananthakumar For R1 to R4 : Mr.A.Selvendran, Special Government Pleader W.P.No.6894 of 2025 Mr.H.Sartaj ... Petitioner Vs.

1. The Tahsildar, O/o Tahsildar, Shoolagiri Taluk,

2. The Taluk Survey Inspector, Shoolagiri Taluk, Krishnagiri District.

3. S.M.Ganesan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 2 to survey and sub-divide the petitioner land comprised in S.No.70/3B2B, situated at Sholagiri Village, Sholagiri Taluk, Krishnagiri District in terms of the communication made in Na.Ka.No.60/2025/G1 dated 09.01.2025 issued by the respondents 1 and 2 by fixing the date to measure the property forwith. For Petitioner : Mr.G.Ethirajulu For R1 & R2 : Mr.A.Selvendran,

Special Government Pleader For R3 : Mr.G.M.Ananthakumar C O M M O N O R D E R Subject matter in these writ petitions pertains to conducting survey in the subject property based on the application submitted by the petitioner in W.P.No.6894 of 2025 and which is objected by the petitioner in W.P.No.6031 of 2025.

2. Heard Mr.G.M.Ananthakumar learned counsel for the petitioner in W.P.No.6031 of 2025 and learned counsel for the third respondent in W.P.No.6894 of 2025, Mr.G.Ethirajulu, learned counsel for the petitioner in W.P.No.6894 of 2025 and Mr.A.Selvendran, learned Special Government Pleader appearing for the official respondents.

3. The grievance of the petitioner in W.P.No.6031 of 2025 is that aggrieved by the judgment and decree passed by the trial court in O.S.No.49 of 2016 and O.S.No.157 of 2021 dated 03.11.2023, an appeal has been filed with delay and notice has been ordered in the delay petition. In the meantime, an application has been submitted for conducting survey in the subject property. Therefore, the petitioner has approached this court to

forbear the official respondents not to conduct any survey till the disposal of the appeal.

4. On the other hand, the petitioner in W.P.No.6894 of 2025 has submitted the application seeking for survey based on the decree that was passed by the competent civil court. The grievance of this petitioner is that when steps were taken to survey the property, the petitioner in W.P.No.6031 of 2025 resisted the same by stating that a writ petition has been filed before this court and that an appeal has been filed against the judgment and decree of the trial court and hence the survey was not conducted.

5. The learned Special Government Pleader appearing on behalf of the official respondents submitted that till date, no decision has been taken on the application submitted for conducting the survey in the subject property and these writ petitions have been filed on mere apprehension. The learned Special Government Pleader submitted that the application submitted by the petitioner in W.P.No.6894 of 2025 will be dealt with and a decision will be taken considering the objections submitted by the petitioner in W.P.No.6031 of 2025 and a decision will be taken within a period of two

weeks from the date of receipt of a copy of this order.

6. Recording the above submissions of the learned Special Government Pleader, both these writ petitions are disposed of. No costs. Consequently the connected miscellaneous petition is closed. 25.02.2025 skr Index : Yes / No Speaking order / Non-speaking order To

1. The District Collector,

2. The Sub-Collector, Hosur, Krishnagiri District.

3. The Tahsildar, Taluk Office, Shoolagiri Town and Taluk,

4. The District Surveyor,

5. The Taluk Survey Inspector, Shoolagiri Taluk,

N. ANAND VENKATESH, J.

skr 25.02.2025