Thambidurai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.15229 of 2025 Thambidurai S/o.Late Rajendran ... petitioner Vs 1.
The District Collector Office of the District Collector Salem District.
2.
The Tahsildar Office of the Tahsildar Mettur Taluk Salem District.
3.
L.Selvaraj S/o.Lakshmanan ... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the 2nd respondent Tahsildar while surveying and demarcating the 3rd respondent's land comprised in Survey Nos.17/4, 17/9 at Kuttapatti 1/4
Village, Mettur Taluk, Salem District to fix boundaries not to include the adjoining 20 feet common cart track-cum-pathway which is the ingress and egress for the petitioner to reach his property adjacent. For Petitioner :
Dr.R.Gouri For Respondents :
Mr.P.Sathish Additional Government Pleader for R1 & R2 *****
O R D E R
This writ petition has been filed for issue of a writ of mandamus directing the second respondent to survey and demarcate the boundaries based on the representation made by the petitioner on 18.03.2025.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 and 2.
3. The main grievance expressed by the learned counsel for the petitioner is that taking advantage of the order dated 06.02.2025 passed in W.P.No.2914 of 2025, one Selvaraj is attempting to include the common pathway and thereby, depriving the access of the petitioner to his property.
4. The learned Additional Government Pleader, based on written instructions received from the second respondent submitted that 2/4
there is a pending suit in O.S.No.131 of 2024 before the District Munsif Court, Mettur and objections were also made by the parties to the suit and therefore, till the disposal of the suit, the second respondent is not intending to conduct any survey in the subject property. Recording the above, the Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
17.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk To 1.
The District Collector Office of the District Collector Salem District.
2.
The Tahsildar Office of the Tahsildar Mettur Taluk Salem District.
3/4
N.ANAND VENKATESH, J mk 17.04.2025 4/4