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Madras High CourtWP(MD)/2462/2025disposed of

G.Rajkumar v. The Revenue Divisional Officer

2025-02-10Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI G.Rajkumar ... Petitioner vs.

1.The Revenue Divisional Officer, Thirumangalam Sub Division, Thirumangalam, Madurai District - 625 706.

2.The Tahsildar, Kallikudi Taluk Office, Kallikudi, Madurai District - 625 701.

3.The Head Surveyor, Kallikudi Survey Division, Kallikudi Taluk Office, Madurai District - 625 701. 4.The Village Administrative Officer (VAO), Thoombakulam Village, Kallikudi Taluk, Madurai District - 625706.

5.The Inspector of Police, Koodakovil Police Station, Koodakovil, Kallikukdi Taluk, Madurai District - 625 706.

1/5

6.Bagathal 7.Thiruvettai 8.T.Veluthevar 9.Athangaraithevar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 1 to 5 respondents to not survey the petitioner's land on the basis of the forged dhana settlement deed Doc.No.3203/2024, dated 19.08.2024 situated at Thoombakulam Village, Thirumangalam Taluk, Madurai District on the basis of the petitioner's representation dated 21.01.2025. For Petitioner :Mr.R.Sundar For R1 to R4 :Mr..Satheesh Government Advocate For R5 :Mr.K.Gnanasekaran *****

O R D E R

The petitioner has filed the instant Writ Petition seeking issuance of a Writ of Mandamus to forbear the respondents 1 to 5 from surveying the petitioner's land based on the alleged forged settlement deed, dated 19.08.2024, based on the petitioner's representation, dated 21.01.2025. 2.The petitioner is objecting to survey at the instance of the respondents 6 to 9, who are claiming under the settlement deed, dated 2/5

19.08.2024. According to the petitioner, the said settlement deed is a forged document and no rights flow under the same and therefore, the petitioner is objecting to any survey being conducted. The petitioner also claims independent right to the said subject matter of the property. 3.Though there is no suit pending as on date, at the instance of the petitioner seeking cancellation of the settlement deed, I do not find any impediment for the official respondents to go ahead and survey the lands, as requested by the respondents 6 to 9. However, in the light of the request made by the petitioner on 21.01.2025, the second respondent shall consider the objection of the petitioner and pass orders thereon and thereafter, subject to such decision, take a call with regard to the survey to be conducted. The entire exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order after affording sufficient opportunities to the petitioner as well as the respondents 6 to 9 and any other interested parties. 3/5

4.The Writ Petition is disposed of with the above directions. No costs.

Index :Yes / No 10.02.2025 Internet :Yes / No NCC :Yes / No cmr To 1.The Revenue Divisional Officer, Thirumangalam Sub Division, Thirumangalam, Madurai District - 625 706.

2.The Tahsildar, Kallikudi Taluk Office, Kallikudi, Madurai District - 625 701.

3.The Head Surveyor, Kallikudi Survey Division, Kallikudi Taluk Office, Madurai District - 625 701. 4.The Village Administrative Officer (VAO), Thoombakulam Village, Kallikudi Taluk, Madurai District - 625 706.

5.The Inspector of Police, Koodakovil Police Station, Koodakovil, Kallikukdi Taluk, Madurai District - 625 706.

4/5

P.B.BALAJI, J.

cmr 10.02.2025 5/5