Thukkaiyannan v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Thukkaiyannan ... Petitioner Vs.

1. The District Revenue Officer Theni District Theni.

2. The Revenue Divisional Officer Bodinayakkanur Taluk Theni District.

3. The Tahsildhar Bodinayakkanur Taluk Theni District.

4. Rajan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records relating to the Impugned order dated 04.03.2025 in proceedings in Na.Ka.No.5483/2024/S of the 2nd respondent and quash the same as illegal and consequently directing the respondents 1 to 3 not to survey the property in S.No.131/4 to an extent of 0.27.00 Hectors respectively situated in Ammapatti Village, bodinayakkanur Taluk, Theni District in 1/5

accordance with law.

For Petitioners :Mr.V.G.Vallarasu Chezhiyan For Respondents :Mr.P.Thambidurai Governance Advocate for R1 to R3 Mr.C.Prithviraj for R4

O R D E R

By this writ petition, the petitioner challenges an order dated 04.03.2025 and thereby seeks to prevent the conduct of survey at the instance of the fourth respondent.

2. The impugned order was issued pursuant to order dated 15.11.2024 in W.P.(MD) No.27368 of 2024. By such order, the objector was granted eight weeks time to move the jurisdictional civil Court for an injunction. The agreed position is that no such injunction has been obtained by the petitioner as on date. Learned counsel for the petitioner submits that if he is given a further eight weeks, he will approach the jurisdictional civil Court for relief.

3. Learned counsel for the fourth respondent submits that he acquired title to the land under partition deed dated 24.06.1997 bearing 2/5

Document No.1280 of 1987. He also states that the patta is in his name and that he is entitled to request for a survey.

4. The petitioner failed to approach the jurisdictional court within the time limit prescribed in the earlier order. Nonetheless, in view of the submission made by learned counsel for the petitioner, the petitioner is granted a further six weeks to move the jurisdictional civil Court for relief. It is made clear that if the petitioner is unable to obtain an order of injunction from the jurisdictional civil Court within the period of six weeks from the date of receipt of a copy of this order, the revenue authorities are at liberty to proceed with the survey. The jurisdictional civil Court shall consider and dispose of the interlocutory application in the said civil suit expeditiously. No costs.

16.09.2025 NCC :No Internet :Yes Index :No PKN 3/5

To

1. The District Revenue Officer Theni District Theni.

2. The Revenue Divisional Officer Bodinayakkanur Taluk Theni District.

3. The Tahsildhar Bodinayakkanur Taluk Theni District.

4/5

SENTHILKUMAR RAMAMOORTHY, J.

PKN 16.09.2025 5/5