R.Panairajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR R.Panairajan ...

Petitioner Vs 1 The District Collector, Madurai District, Madurai.

2 The Commissioner, Tirumangalam Municipality, Madurai District.

3 The Tahsildar, Tirumangalam Taluk, Madurai District.

4 A.Radhakrishnan ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 1st respondent to consider and dispose of the representation, dated 17.04.2025, and consequently direct the 3rd respondent to survey the land belonging to the

petitioner situated at Ward C Block No.25 in TS No.24/55 Old S.No.30/112PT in Tirumangalam Taluk , Madurai District.

For Petitioner :

Mr.A.Ananda Raj For Respondents 1 & 3 : Mr.D.S.Nedunchezian, Govt. Advocate.

For Respondent 2 : Mr.Austin

ORDER

The petitioner herein seeks a direction to the first respondent to consider and dispose of his representation, dated 17.04.2025, and consequently direct the third respondent to survey his property situated at Ward C, Block No.25, in TS No.24/55 Old S.No.30/112PT, Tirumangalam Taluk , Madurai District.

2. Heard Mr.A.Ananda Raj, learned counsel for the petitioner; Mr.D.S.Nedunchezian, learned Government Advocate, for respondents 1 and 3; and Mr.Austin, learned counsel for respondent No.2. Since no adverse orders are passed against respondent No.4, notice to him is dispensed with. With the consent of both the counsel, the Writ Petition is taken up for final disposal at the stage of admission.

3. The petitioner claims right over the subject property and the release deed executed by his mother and siblings, dated 24.10.2014.

According to him, the paternal uncle of the petitioner encroached a portion of the property covered by the release deed and hence he submitted a representation before the third respondent, seeking his intervention.

4. The third respondent is not the competent authority to decide the civil dispute between the petitioner and his paternal uncle. Therefore, this Court is not inclined to issue any direction to the first respondent or the third respondent to consider the representation of the petitioner, dated 17.04.2025.

5. However, learned counsel for the petitioner submits that he submitted an application, seeking survey of the above mentioned land, on 25.04.2025.

6. Though the petitioner produced e-challan, he has not produced acknowledgement for submitting online application. Therefore, the petitioner is directed to submit acknowledgement for online application, seeking survey of the subject property, before the third respondent within a period of two weeks from the date of receipt of copy of this order. If such acknowledgement is produced before the third respondent, the request of the petitioner for survey of the property shall be considered on its own merits and final orders shall be passed within a period of twelve weeks thereafter, after issuing notice to the petitioner, neighbouring land owners and the private respondent.

7. The Writ Petition is disposed of accordingly. No costs. 13.06.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1 The District Collector, Madurai District, Madurai.

2 The Commissioner, Tirumangalam Municipality, Madurai District.

3 The Tahsildar, Tirumangalam Taluk, Madurai District.

S.SOUNTHAR, J.

dixit 13.06.2025