R.Thennarasu v. The District Collector
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-11-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH R.Thennarasu Petitioner(s) Vs
1. The District Collector O/o.The District Collector, Kallakurichi and District 2.The Tahsildar O/o.The Tahsildar, Sankarapuram Taluk, Kallakurichi District 3.The Village Administrative Officer Thevapadalam Village, Sankarapuram Taluk, Kallakurichi District 4.GUNASEKARAN Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for
2/7 issuance of a Writ of Mandamus, forbearing the 3rd respondent from conducting any enquiry for surveying the land in survey No.99/1 to an extent of 91 sq.ft and 182 sq.ft situated at Thevapandalam Village, Sankarapuram Taluk, Kallakurichi District pending disposal of suit between the petitioner and the respondents herein in O.S.No.217 of 2025 on the file of the Learned District Munsif, Sankarapuram.
For Petitioner(s):
Mr.G.Balamanikandan For Respondent(s):
Mr.C.Jayaprakash Government Advocate for R1 to R3
ORDER
This writ petition has been filed for issue of writ of mandamus forbearing the 3 rd respondent from conducting any survey in the subject property on the ground that there is already a suit pending between the parties in O.S.No.217/2025 on the file of the District Munsif Court, Sankarapuram. 2.Heard Mr.G.Balamanikandan, learned counsel appearing on behalf of the petitioner and Mr.C.Jayaprakash, learned Government Advocate appearing on behalf of respondents 1 to 3.
3/7 3.The grievance of the petitioner is that there is already a suit pending before the competent Civil Court between the petitioner and the private respondent and whereas, the respondents are attempting to conduct the survey in the subject property and thereby, interfere with the possession and enjoyment of the petitioner. Hence, the petitioner submitted objections before the 2 nd and 3 rd respondents from conducting any survey. Since the same was not considered, the present writ petition has been filed before this Court. 4.Taking into consideration the facts and circumstances of the case and the grievance expressed by the petitioner, there shall be a direction to the 2 nd and rd respondents to consider the objections made by the petitioner as and when any application is filed by the 4 th respondent seeking for survey of the property and take a decision in accordance with law.
5.This writ petition is disposed of in the above terms. No Costs.
4/7 21-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
5/7 To 1.The District Collector O/o.The District Collector, Kallakurichi And District 2.The Tahsildar O/o.The Tahsildar, Sankarapuram Taluk, Kallakurichi District 3.The Village Administrative Officer Thevapadalam Village, Sankarapuram Taluk, Kallakurichi District
6/7 N.ANAND VENKATESH J.
ssr
7/7 21-11-2025