Latha v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI Latha ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai North, 3.The Tahsildar, Vadipatti Taluk, 4.The Taluk Surveyor, Taluk Office, Vadipatti Taluk,

5. V.Perumal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent Nos.3 and 4 to survey the land in Survey No. 650/2, Katchikatti Village, Vadipatti Taluk, Madurai District and fix the boundaries in view of representation dated 29.08.2024 within the stipulated time fixed by this Court. 1/4

For Petitioner :

Mr.M.Jothi Basu For R-1 to R-4 :

Mr.S.Kameswaran Government Advocate

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate for the official respondents.

2. The petitioner is one of the legal heirs of late.Perumalsamy Naidu. The patta has been jointly mutated in the names of legal heirs of Perumalsamy Naidu in Patta No.5336. The petitioner as one of the legal heirs, has sought for survey to be conducted and in that regard, representation has been given for survey and fixation of boundaries on 29.08.2024. It is seen that the petitioner and other legal heirs have also filed a suit in O.S.No.575 of 2022 against one Perumal and the said suit has been decreed in favour of the petitioner and other legal heirs of Perumalsamy Naidu on 19.12.2023.

3. In the light of the above, there can be no impediment for the survey authorities to dispose of the petitioner's survey application. Hence, this writ petition is disposed of, directing the respondents 3 and 4 to give notice to the 2/4

petitioner as well as 5th respondent and to proceed to dispose of the petitioner's survey application, dated 29.08.2024. Objections if any of the 5th respondent shall be considered only if it is limited to any contention of an appeal preferred as against the judgment and decree in O.S.No.575 of 2022 and not with regard to any other objections. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of copy of this order.

4. With the above directions, this Writ Petition stands disposed of. No costs.

29.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai North, 3/4

P.B.BALAJI , J.

gbg 3.The Tahsildar, Vadipatti Taluk, 4.The Taluk Surveyor, Taluk Office, Vadipatti Taluk, 29.04.2025 4/4