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Madras High CourtWP/7898/2026disposed of

Venkatesan v. The District Collector

2026-03-03Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Venkatesan S/o.Periyannan Theepampatti Village Karimangalam Taluk Dharmapuri District.

..Petitioner(s) Vs

1. The District Collector Dharmapuri District.

2. Sub-inspector Of Surveyor Karimangalam Taluk Dharmapuri District.

3. The Surveyor Karimangalam Taluk Dharmapuri District.

4. Village Administrative Office Pannikulam Karimangalam Taluk Dharmapuri District.

5. Madhaiyan S/o.Sendraiyan Theepampatti Village Karimangalam Taluk Dharmapuri District.

6. Dhanam Theepampatti Village Karimangalam Taluk Dharmapuri District.

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the Respondents 1 to 4 to dispose the representation dated 09.02.2025 and not to survey the land until the disposal of the above suit filed in O.S.No.58/2025 since the petition are still in possession and enjoyment of the above land, as it will cause unwanted hindrance and disturbance to the petitioner's family. For Petitioner(s):

Mr.A.Mazar For Respondent(s):

Mr.R.P.Murugan Raja Government Advocate (For R1 to R4)

O R D E R

This Writ Petition has been filed to direct the respondents 1 to 4 to consider the petitioner's representation dated 09.02.2025 and thereafter, not to survey the land morefully disclosed in the affidavit filed in support of this Writ Petition, pending disposal of the suit in O.S.No.58 of 2025. Based on the request made by the respondents 5 and 6, the official respondents are now proceeding to survey the property morefully disclosed in the affidavit filed in support of this Writ Petition.

2.The petitioner claims that he is in possession of the said land and a Civil Suit is also pending between the contesting parties with regard to the very same property in O.S.No.58 of 2025. The petitioner had therefore given a representation on 09.02.2025 to the official respondents requesting them not to survey the land till the disposal of the suit in O.S.No.58 of 2025. According to

the petitioner, the objections of the petitioner were not considered by the respondents 1 to 4, which necessitated the petitioner to file this Writ Petition. The objections raised by the petitioner will have to be necessarily considered by the respondents 1 to 4 before conducting survey and demarcation of the boundaries on a request made by the respondents 5 and 6. 3.Mr.R.P.Murugan Raja, learned Government Advocate, accepts notice on behalf of the respondents 1 to 4. Since no adverse orders are passed as against the respondents 5 and 6, notice to the respondents 5 and 6 is dispensed with by this Court.

4.No prejudice would be caused to the respondents if a direction is issued to the 2nd and 3rd respondents to consider the objections of the petitioner raised through his representation dated 09.02.2025, which includes the pendency of the Civil Suit in O.S.No.58 of 2025, on merits and in accordance with law and only thereafter, proceed with the survey and demarcation of boundaries based on the request made by the respondents 5 and 6. 5.For the foregoing reasons, this Writ Petition is disposed of by directing the respondents 2 and 3 to consider the objections raised by the petitioner through his representation dated 09.02.2025, requesting the official respondents not to survey the property morefully disclosed in the affidavit filed in support of

this Writ Petition till the disposal of the Civil Suit in O.S.No.58 of 2025 and only after considering the said objections, the respondents 2 and 3 shall proceed with the survey and demarcation of boundaries based on the request of the respondents 5 and 6. There shall be no order as to costs. 03-03-2026 Index: Yes/No Speaking/Non-speaking order GSA To

1. The District Collector Dharmapuri District.

2. Sub-inspector Of Surveyor Karimangalam Taluk Dharmapuri District.

3. The Surveyor Karimangalam Taluk Dharmapuri District.

4. Village Administrative Office Pannikulam Karimangalam Taluk Dharmapuri District.

ABDUL QUDDHOSE, J.

GSA 03-03-2026