Vijayaragavan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER Vijayaragavan ... Petitioner Vs.

1.The District Collector, 2.The Thasildhar, Madurai East Taluk, Madurai District.

3.The Head Surveyor (Land Measurement), Ramanathapuram Taluk, 4.Poobathi Raja ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 09.12.2025 within a time frame that may be stipulated by this Court and directing the second and third respondents to keep the all proceedings in abeyance till such time the civil disputes reach finality between the parties in O.S.No.151 of 2025 on Page No. 1 of 6

the file of the Additional District Court, Ramanathapuram, For Petitioner : Mr.R.Udhayakumar For R1 to R3 : Mr.D.Sadiq Raja Additional Government Pleader *****

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 09.12.2025 within a time frame to be stipulated by this Court and directing the second and third respondents to keep all proceedings in abeyance until such time as the civil dispute between the parties in O.S. No.151 of 2025 on the file of the Additional District Court, Ramanathapuram, Ramanathapuram District, reaches finality.

2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself, dispensing with the notice to the fourth respondent, as no adverse orders are proposed to be passed against him.

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3. The learned counsel appearing for the petitioner would submit that the petitioner executed a General Power of Attorney Deed dated 03.05.2025 in favour of the fourth respondent; that the fourth respondent fraudulently transferred the petitioner's property in the name of his wife and other family members; that aggrieved by the said transfer, the petitioner filed a civil suit in O.S.No.151 of 2025 on the file of the Additional District Court, Ramanathapuram, seeking cancellation of the General Power of Attorney and the subsequent sale deeds; that however, even though the suit is pending, the fourth respondent preferred an application for the purpose of survey, on the basis of which the survey was sought to be conducted; that meanwhile, the petitioner submitted a representation dated 09.12.2025 seeking indulgence of the authorities not to conduct the survey in view of the pending civil dispute; and that since the authorities have not considered the same, the petitioner has filed the present Writ Petition.

4. The learned Additional Government Pleader appearing for the first to third respondents, on instructions, would submit that the survey was sought to be conducted on the basis of the filing of a Writ Petition in W.P.(MD) No.36626 of 2025, which is now pending. Page No. 3 of 6

5. This Court is of the view that once an application or representation is submitted, it is the bounden duty of the authorities to consider the same and pass appropriate orders. Further, the survey was sought to be conducted on the basis of the filing of a Writ Petition in W.P. (MD) No.36626 of 2025. Since an application has been made by the fourth respondent, the official respondents are bound to consider the said application. However, since it is urged that the petitioner would be affected by such survey, the grievance of the petitioner shall form part of the record before concluding the survey.

6. With the above observations, this Writ Petition stands disposed of. No costs.

[K.SURENDER, J.] 23.01.2026 JEN Index : Yes / No To 1.The District Collector, 2.The Thasildhar, Madurai East Taluk, Madurai District.

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3.The Head Surveyor (Land Measurement), Ramanathapuram Taluk, Page No. 5 of 6

K.SURENDER , J.

JEN 23.01.2026 Page No. 6 of 6