Kairunisha v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER W.P.(MD)No.2678 of 2026 and WMP(MD) Nos.2271 and 2273 of 2026 Kairunisha ... Petitioner Vs

1. The District Collector, Pudukottai District Pudukkottai..

2. The Tahsildar,, Kandharvakottai Taluk, Pudukkottai District.

3. The Firka Surveyor,, Kandharvakottai Taluk, Pudukkottai District.

4. Gayathiri,, W/o.Stalin, Kovilur, Kandharvakottai Taluk, Pudukkottai District.

... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus by calling for the entire records pertaining to the impugned proceedings of the 2nd respondent in Na.Ka.500/2025/Aa7 dated 05.01.2026 relating to 1/5

Survey/Sub Division for the property in S.No.414/12 situated at Kovilur, Kandarvakottai Taluk, Pudukkottai District issued by the 2nd respondent and quash the same, consequently direct the 2nd and 3rd respondents to defer the land survey/Sub Division till the disposal of the civil suit in O.S.No.11/2025 pending before the District Munsif Court, Kandarvakottai, Pudukkottai District by considering the petitioner's representation dated 07.01.2026.

For Petitioner :Mr.M.Pitchai Muthu For Respondents :Mr.P.Subbaraj for R1 to R3 Special Government Pleader

O R D E R

This writ petition has been filed challenging the impugned order of the 2nd respondent dated 05.01.2026 and for a direction to the respondents 2 and 3 to defer the survey till the disposal of the suit in OS No.11/2025 on the file of the District Munsif, Kandarvakottai, Pudukottai District.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the official respondents. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. Since no adverse orders are going to be passed against the private respondent, notice is dispensed with. 2/5

3. The grievance of the petitioner is that though a civil suit is pending, the impugned notice dated 05.01.2026 was sent for the purpose of survey.

4. As seen from the impugned notice, the said notice was sent pursuant to the petition filed by one Gayathri, W/o.Stalin/4th respondent herein requesting to conduct survey. In this connection, this court had ordered field inspection.

5. Since the impugned notice was sent pursuant to the orders of this Court, the question of setting aside the notice does not arise nor stalling the process until the civil suit culminates in the trial court.

6. The said aspect of civil suit pending shall be brought to the notice of the concerned authority, who has issued the impugned notice and the same shall be recorded and thereafter the petition filed by Mrs.Gayathri, W/o.Stalin shall be disposed of in accordance with the provisions of the Act.

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7. The writ petition stands disposed of with the above direction. No costs. Consequently connected Miscellaneous Petitions are closed. (K.SURENDER, J) 03.02.2026 NCC :Yes/No Index :Yes/No RR To

1. The District Collector, Pudukottai District Pudukkottai..

2. The Tahsildar,, Kandharvakottai Taluk, Pudukkottai District.

3. The Firka Surveyor,, Kandharvakottai Taluk, Pudukkottai District.

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K.SURENDER, J.

RR W.P.(MD)No.2678 of 2026 03.02.2026 5/5