Madras High CourtCRP(MD)/1462/2026disposed of

Sandhya, v. Kingsley,

2026-06-23Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2026

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.(MD).No.7201 of 2026 1.Sandhya 2.Gopika ... Petitioners/Petitioners/Petitioners/ Plaintiffs Vs.

1.Kingsley 2.The Tahsildar, Thiruvattar Taluk, Office at Kulasekharam Road, Cherupaloor and Post - 629161, Thiruvattar Village, Thiruvattar Taluk, Kanyakumari District.

3.The Sub-Collector, Padmanabhapuram Revenue Division, Office at Main Road, Thuckalay and Post, Thuckalay Village, Kalkulam Taluk, Kanyakumari District.

4.The District Collector, Kanyakumari District, Office at Nagercoil, Nagercoil Post, Vadasery Village, Agasteeswaram Taluk, Kanyakumari District.

... Respondents/Respondents/ Respondents/Defendants PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to allow this Civil Revision Petition and set aside the order and 1/4

decreetal order passed in I.A.No.4 of 2026 in I.A.No.3 of 2025 in O.S.No.27 of 2025 on the file of the Principal District Munsif, Padmanabhapuram dated 23.03.2026.

For Petitioners : M/s.Sonu for Mr.Charles Kamalesh M.Appaji For R-2 to R-4 : Mr.S.I.Muthiah Government Advocate (Civil)

ORDER

Pursuant to the order dated 18.06.2026, Mr.S.I.Muthiah, learned Government Advocate (Civil) has obtained instructions from the respondents 2 to 4 to the effect that the District Collector will depute the District Surveyor to assist the Advocate Commissioner to survey the suit schedule mentioned property in I.A.No.3 of 2025 in O.S.No.27 of 2025 on the file of the Principal District Munsif Court, Padmanabhapuram.

2. The grievance of the petitioner was that the survey is sought to be conducted by an inferior authority of the second defendant, Tahsildar, against whom he has grievance. Since the District Surveyor is not a subordinate to a Tahsildar and as the District Collector has rightly to come forward to spare his services, the allegation of bias automatically vanishes, if the Advocate Commissioner is assisted by the said authority. 2/4

3. This Civil Revision Petition is disposed of in the following terms: (i) Mr.Sonu appearing for Mr.Charles Kamalesh M.Appaji shall forward the notice of inspection for 27.06.2026 to Mr.S.I.Muthiah. (ii) Mr.S.I.Muthiah shall ensure that the District Surveyor is available on the field to assist the Advocate Commissioner so appointed. (iii) In the event, the learned counsel for the petitioner does not intimate Mr.S.I.Muthiah, there is no necessity for the District Collector to depute the District Surveyor on 27.06.2026.

There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

23.06.2026 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Lm To The Sub Court, Padmanabhapuram.

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V.LAKSHMINARAYANAN,J.

Lm 23.06.2026 4/4