Mariyan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.05.2025

CORAM

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN Mariyan : Petitioner Vs.

1.The Tahsildar, Thoothukudi Taluk, Thoothukudi District.

2.The Surveyor, Thoothukudi Taluk, Thoothukudi District.

3.The Inspector of Police, Pudukottai Police Station, Thoothukudi District.

4.Mariyathangam : Respondents PRAYER : Writ Petition- filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 3 not to conduct the survey and demarcate the property in survey no.131/2C, Subdivision Survey No.131/2C1A1 measuring 17.61 cents situated in Maravanmadam Village, Thoothukudi Taluk, Thoothukudi District till the disposal of the O.S.No.171/2024 on the file of the Sub Court, Thoothukudi, Thoothukudi District and consequently to consider the petitioner representation dated 09.05.2025. 1/6

For Petitioner : Mr.S.Muthu Malai Raja For R1 & R2 : Mr.M.Senthil Ayyanar Government Advocate For R3 : Mr.A.S.Abul Kalam Asad Government Advocate (Crl.side)

ORDER

This writ petition is filed seeking a direction to the respondents 1 to 3 not to conduct the survey and demarcate the property in survey No. 131/2C, Subdivision Survey No.131/2C1A1 measuring 17.61 cents situated in Maravanmadam Village, Thoothukudi Taluk, Thoothukudi District till the disposal of the O.S.No.171/2024 on the file of the Sub Court, Thoothukudi, Thoothukudi District and consequently to consider the petitioner representation dated 09.05.2025. 2.Today, when the writ petition is taken up for hearing, the learned Government Advocate appearing for the official respondents, on written instructions, submits that with regard to the property in question a suit in O.S.No.171 of 2024 is pending and they decided not to conduct survey and relevant portion of the written instructions as follows: 2/6

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3.It is seen that the issue raised in this writ petition is with regard to the title of the subject property and already civil proceedings was also initiated and the same is pending. The petitioner is directed to canvass his case in the proceedings pending before the civil Court. Based on the outcome of the civil suit, the respondents are directed to proceed further in accordance with law.

4.Accordingly, this writ petition is closed. No costs. 15.05.2024 NCC : Yes/No Index : Yes / No ta 4/6

To 1.The Tahsildar, Thoothukudi Taluk, Thoothukudi District.

2.The Surveyor, Thoothukudi Taluk, Thoothukudi District.

3.The Inspector of Police, Pudukottai Police Station, Thoothukudi District.

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K.K.RAMAKRISHNAN,J.

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