Devasagayam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.06.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.15669 of 2025 and W.M.P(MD)No.11902 of 2025 1.Devasagayam 2.Stanley ... Petitioners .Vs.

1.The District Collector, Kanyakumari Kanyakumari District 2.The Revenue Divisional Officer cum Sub-Collector, Padmanabhapuram, Kanyakumari District.

3.The Tahsildar, Kalkulam Taluk, Kanyakumari District.

4.The Inspector of Police, Kotticode Police Station, Kanyakumari District.

5.T.Solomon ... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 to 4 to defer the survey proceeding till the outcome of the enquiry pending before the third respondent in Aa3/75/2025, dated 10.01.2025.

For Petitioners : Mr.R.J.Karthick For Respondents : Mr.A.Baskaran 1 to 3 Addl.Govt.Pleader For Respondent-4 :Mr.M.Vaikkam Karunanithi Govt.Advocate(Crl.Side) For Respondent-5 :Mr.A.Balakrishnan

O R D E R

The Petitioners herein seeks a direction to the respondents 1 to 4 to defer the survey of the property in S.Nos.117/20 and 119/16 pending outcome of the enquiry before the third respondent in his proceedings in Aa3/75/2025, dated 10.01.2025. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.It is seen from the typed-set of papers that the fifth respondent herein obtained an order for survey of the property 2/6

situated in S.No.119/6B in Kothanallur Village in W.P(MD)No. 4700 of 2025.The said Writ Petition was disposed of with a direction to the official respondents therein to consider the objection of the Petitioners herein, who were arrayed as private respondents therein, before proceeding to survey the property. Now the Petitioners have submitted an objection before the third respondent seeking cancellation of the survey. The said request has not been considered by the official respondents till date. Hence the Petitioners is before this Court with the present Writ Petition, for the relief stated supra.

4.In these circumstances, without expressing any opinion on the merits of the matter, the third respondent is directed to conduct an enquiry on the subject matter after issuing notice to the Petitioners and fifth respondent and take a decision with regard to survey of the subject property, within a period of four weeks from the date of receipt of a copy of this order. 5.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

24.06.2025 NCS : Yes/No 3/6

Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Kanyakumari Kanyakumari District 2.The Revenue Divisional Officer cum Sub Collector, Padmanabhapuram, Kanyakumari District.

3.The Tahsildar, Kalkulam Taluk, Kanyakumari District.

4.The Inspector of Police, Kotticode Police Station, Kanyakumari District.

4/6

S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.15669 of 2025 and W.M.P(MD)No.11902 of 2025 5/6

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