S.Suryakumari v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-01-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE WP No. 458 of 2026 AND WMP NO. 563 OF 2026 S.Suryakumari ..Petitioner(s) Vs
1. The District Collector, Coimbatore District, Coimbatore -641018
2. The Tahsildar, Sulur Taluk Office, Sulur, Coimbatore -641 402
3. The Chief Surveyor, Sulur Taluk Office, Sulur
4. The Surveyor, Land Survey Records, Sulur Taluk Office, Sulur
5. Village Administrative Officer, Sulur Village Administrative office, Coimbatore -641 402 ..Respondent(s) forbearing the respondents from effecting any change, transfer mutation or sub-division of the patta pertaining to Survey NO.426/1 Sulur Village, Coimbatore District, until the disposal of O.S.No.214/2018 on the file of the I Additional District Judge, Coimbatore.
For Petitioner:
Mr.M.S.Krishnan, Senior Counsel For Mr. C.Arun Kumar For Respondents:
Mr.D.Ravichander, Spl.G.P.
ORDER
This writ petition has been filed to forbear the respondents from effecting any change, transfer, mutation or sub-division of the patta for the property, __________Page 1 of 10
morefully described in the prayer to this writ petition, till the disposal of O.S. No.214 of 2018 on the file of the I Additional District Judge, Coimbatore. 2.The apprehension of the petitioner in this writ petition is that behind the back of the petitioner and despite the fact that a Civil Suit is pending between the parties, pertaining to the very same property, which is the subject matter of this writ petition, an application for patta has been filed by the rival claimant, Lakshmi Narasimhan @ Narasimhaa Venkatapathi Lakshmi, rep. by his Power Agent G.K.Ravi seeking for survey and demarcation of boundaries of the property pursuant to the directions issued by this Court in the writ petition filed by him on 15.10.2025 in W.P. No.36476 of 2025.
The petitioner also apprehends that the said party is also attempting to obtain a patta in his name for the property, morefully described in the prayer to this writ petition. 3.According to the petitioner, the property, morefully described in the prayer to this writ petition is her absolute property. She also claims that she is one of the defendants in the suit O.S. No.214 of 2018 on the file of the I Additional District Court, Coimbatore, which was filed by Lakshmi Narasimhan @ Narasimhaa Venkatapathi Lakshmi and 3 others against the petitioner and 2 others.
cannot be entertained and a patta cannot be issued in favour of Lakshmi Narasimhan @ Narasimhaa Venkatapathi Lakshmi as only after final decision is rendered in the Civil Suit, the revenue authorities are empowered to issue a patta for any other parties to the suit as per the final adjudication made by the Civil Court in the Civil Suit. The following facts are un-disputed: a)An order dated 15.10.2025 came to be passed by this Court in W.P. No.36476 of 2025 filed by one Lakshmi Narasimhan @ Narasimhaa Venkatapathi Lakshmi, rep. by his Power Agent G.K.Ravi seeking for survey and demarcation of boundaries for the property, morefully described in the prayer to this writ petition;
b)In the said order, a direction has been issued to the revenue authorities to survey the property based on the title deeds produced by Lakshmi Narasimhan @ Narasimhaa Venkatapathi Lakshmi, rep. by his Power Agent G.K.Ravi, after issuance of notice to the adjacent land owners and counter parties if any and within a period of six weeks from the date of receipt of a copy of the said order;
c)A Civil Suit i.e. O.S. No.214 of 2018 filed by Lakshmi Narasimhan @ Narasimhaa Venkatapathi Lakshmi and 3 others against the petitioner and 2 others pertaining to the very same property seeking for partition is pending on the file of the I Additional District Court, Coimbatore. __________Page 3 of 10
4.The petitioner's grievance in this writ petition is that without hearing the petitioner's objections and despite the fact that a Civil Suit is pending, the Tahsildar is attempting to survey and demarcate the boundaries pursuant to the directions issued by this Court in W.P. No.36476 of 2025 filed by Lakshmi Narasimhan @ Narasimhaa Venkatapathi Lakshmi, rep. by his Power Agent G.K.Ravi, referred to supra.
5.As seen from the order dated 15.10.2025 passed in W.P. No.36476 of 2025, which has been made clear that notice will have to be issued by the Tahsildar to the adjacent land owners and counter parties if any before the survey and demarcation of boundaries of the property is done by the Tahsildar. Necessarily, the Tahsildar will have to comply with the directions issued by this Court on 15.10.2025 in W.P. No.36476 of 2025 by issuing notice to the petitioner, who claims that she is an interested party in the property, which is sought to be surveyed and demarcated by Lakshmi Narasimhan @ Narasimhaa Venkatapathi Lakshmi.
6.It is also contended by the petitioner that no notice was served on the petitioner till date by the Tahsildar with regard to the survey and demarcation of boundaries based on the request made by Lakshmi Narasimhan @ Narasimhaa Venkatapathi Lakshmi. The petitioner has also raised objections with regard to the request made by Lakshmi Narasimhan @ Narasimhaa Venkatapathi __________Page 4 of 10
Lakshmi seeking for survey and demarcation of boundaries on the ground that since the very same party has already filed a Civil Suit for partition, the request for survey and demarcation of boundaries cannot be entertained. 7.Learned Senior Counsel appearing for the petitioner relies upon Rule 4(4) of the Tamil Nadu Patta Pass Book Rules 1987 and submits that in view of the same, the Tahsildar, due to the pendency of the Civil Suit, cannot entertain the request for survey and demarcation of boundaries. 8.This Court is not expressing any opinion on the merits of the petitioner's representation.
9.Necessarily, the objections raised by the learned counsel for the petitioner before this Court as found in the grounds filed in support of this writ petition will have to be considered by the Tahsildar concerned before completing survey and demarcation of boundaries as prayed for by Lakshmi Narasimhan @ Narasimhaa Venkatapathi Lakshmi. If the request of the petitioner to forbear the respondents from effecting any change, transfer, mutation or sub-division of the patta, pertaining to the property, morefully described in the prayer to this writ petition till the disposal of O.S. No.214 of 2018 on the file of the I Additional District Judge, Coimbatore is entertained by this Court, at this stage, it would amount to indirectly setting aside the order __________Page 5 of 10
dated 15.10.2025 passed by this Court in the writ petition filed by Lakshmi Narasimhan @ Narasimhaa Venkatapathi Lakshmi in W.P. No.36476 of 2025. Therefore, at this stage, the prayer sought for in this writ petition cannot be entertained by this Court.
10.The only limited relief that can be granted to the petitioner is to direct the second respondent to hear the objections of the petitioner as raised in the grounds filed in respect of this writ petition and thereafter survey and demarcate the boundaries only in the presence of the petitioner. 11.The petitioner is therefore directed to submit her written objections with regard to the request made by Lakshmi Narasimhan @ Narasimhaa Venkatapathi Lakshmi seeking for survey and demarcation of boundaries of the property, within a time frame to be fixed by this Court and the Tahsildar concerned is directed to consider the same, on merits and in accordance with law and if the Tahsildar decides to survey and demarcate the boundaries, despite the said objections, the Tahildar concerned shall do the survey and demarcation of boundaries in the presence of the petitioner. 12.Since the petitioner is an interested party, who is required to be given notice as per the directions of this Court in the writ petition filed by Lakshmi __________Page 6 of 10
Narasimhan @ Narasimhaa Venkatapathi Lakshmi in W.P. No.36476 of 2025 the following directions are issued by this Court: Accordingly, this writ petition is disposed of by directing the petitioner to submit an explanation/objection in writing to the second respondent raising all objections, which have been raised in this writ petition as well as other objections if the petitioner deems it fit to do so, within a period of one week from the date of receipt of a copy of this order.
On receipt of the said objections by the second respondent within the stipulated time, the second respondent, after giving due consideration to the said objections shall decide whether to proceed with survey/demarcation of boundaries as requested by Lakshmi Narasimhan @ Narasimhaa Venkatapathi and if the Tahsildar/the second respondent decides to survey and demarcate the boundaries, despite the objections, the survey and demarcation of boundaries shall be done by the second respondent/Tahsildar in the presence of the petitioner.
Similarly, if the Tahsildar decides to consider any application submitted by any of the rival claimants seeking for issuance of patta/transfer of the revenue records in the name of the applicant for the property, morefully described in the prayer to this writ petition the said application shall be considered only after hearing the objections of the petitioner.
13.This Court is of the considered view that the aforesaid directions will not prejudice the respondents.
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14.With the aforesaid directions, this writ petition is disposed of. Consequently, connected W.M.P. is closed. No costs. 12-01-2026 VGA Note: Issue order copy on 19.01.2026 __________Page 8 of 10
To
1. The District CollectorCoimbatore District, Coimbatore -641018
2. The TahsildarSulur Taluk Office, Sulur, Coimbatore -641 402
3. The Chief SurveyorSulur Taluk Office, Sulur
4. The SurveyorLand Survey Records, Sulur Taluk Office, Sulur
5. Village Administrative OfficerSulur Village Administrative office, Coimbatore -641 402 __________Page 9 of 10
ABDUL QUDDHOSE J.
VGA WP No. 458 of 2026 AND WMP NO. 563 OF 2026 12-01-2026 __________Page 10 of 10