Kothandaraman v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD)Nos.8300 & 8301 of 2025 Kothandaraman : Petitioner Vs.

1.The Tahsildar, Vembakottai, Virudhunagar.

2.The Head Surveyor, Vembakottai, Virudhunagar.

3.K.Sakkaraiyappan : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the first respondent in Na.Ka.A1/659/2024 dated 13.03.2025, quash the same and consequently direct the first respondent not to survey the property in Old Survey No.92/1 in New Survey No.737/32, Lakshmipuram 1/5

Village, T.Karisalkulam, Vembakottai, Virudhunagar District. For Petitioner : Mr.N.Balasubramanian For Respondents 1 & 2 : Mr.M.Lingadurai Special Government Pleader For Respondent No.3 : Mr.K.P.Sankara Kumara Kuruparan

O R D E R

The petitioner, aggrieved by the rejection of his objections for survey, has approached this Court under Article 226 of the Constitution of India. This Court while permitting survey in W.P. (MD)No.12873 of 2024 by order dated 18.06.2024, has given specific directions to the jurisdiction authority, to consider the objections and either sustain the said objection and refuse survey or over-rule the objections and proceed to survey. This Court has also made it clear that in the event of the jurisdictional authority over-ruling the objections, then, the survey will be conducted only after six [6] weeks, to enable the objector to move the competent Civil Court. 2.It is admitted by the learned Counsel for the petitioner that a civil suit has been filed by the petitioner. It is open to the petitioner to move a miscellaneous petition, seeking injunction or other interim orders as petitioner may be advised. Therefore, I am not inclined to give any positive direction in this Writ Petition. 2/5

3.The Writ Petition is disposed of, with the aforesaid liberty. Considering that the six [6] weeks period that has been granted by this Court in W.P.(MD)No.12873 of 2024, expires during the summer vacation, the survey shall be conducted after 16th of June, 2025. In the meantime, it shall be open to the petitioner to move the second appellate Court. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 22.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The Tahsildar, Vembakottai, Virudhunagar.

2.The Head Surveyor, Vembakottai, Virudhunagar.

4/5

P.B.BALAJI.

, J.

MR 22.04.2025 5/5