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Madras High CourtWP(MD)/9621/2025disposed of

Govindarasu v. The District Collector

2025-04-04Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P(MD)No.7185 of 2025 Govindarasu .... Petitioner /Vs/

1. The District Collector Dindigul, Dindigul District.

2. The Tahsildar Oddanchathram Taluk, Dindigul District.

3. Sennimalai .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from any way survey the land situate in Survey No. 342/3A1A1, 98/3 and 99/3 in Poosaripatti Village, Oddanchathram Taluk, Dindigul District. For Petitioner : Mr.S.Kishore Kumar For R1 & R2 : Mrs.S.Jeyapriya Government Advocate

ORDER

The petitioner was permitted to move the writ petition by way of lunch motion considering the fact that the petitioner was put on notice 1/4

about the survey to be conducted today.

2. However, when the matter is taken up for hearing, the learned Government Advocate appearing for the respondents 1 & 2, on written instructions, would submit that the survey is not proposed to be conducted as apprehended by the petitioner and though the survey was proposed on 25.03.2025, no such survey was conducted. It is only after hearing the objections of the petitioner and the contesting respondents, further steps would be taken.

3. However, admittedly, it is seen that the third respondent has himself approached the Civil Court and filed a suit for partition, which is pending in O.S.No.197 of 2024 before the Sub Court, Oddanchatram. Therefore, in the absence of any decree for partition, based on a joint patta, the third respondent may not be entitled to seek survey, unless the other co-pattadhars give consent.

4. Recording the instructions of the learned Government Advocate as well as the pendency of the suit for partition, the writ petition is disposed of directing the second respondent shall proceed to survey only 2/4

if the third respondent able to produce the consent affidavit from the other co-pattadhars. It is open to the petitioner to make necessary application in the pending partition suit. No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No NCC : Yes / No 04.04.2025 am To

1. The District Collector Dindigul, Dindigul District.

2. The Tahsildar Oddanchathram Taluk, Dindigul District.

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P.B. BALAJI , J.

am Order made in Dated:

04.04.2025 4/4