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Madras High CourtWP(MD)/16055/2025disposed of

R.Amaravathi v. The Thasildar(Land Survey)

2025-07-15Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P(MD)No.16055 of 2025 and W.M.P(MD) No.12145 of 2025 R.Amaravathi ... Petitioner Vs.

1. The Thasildar, (Land Survey) Peraiyur Taluk, Madurai District.

2. The Sub Inspector of Police, Villur Police Station, Villur.

3. Nithiyananthadevi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the first respondent from dispossessing the petitioner from her property bearing S.No. 177/10 measuring total extent of 65 cents in pursuance to the survey and pending civil suit in O.S.No.34 of 2025 on the file of the District Munsifcum- Judicial Magistrate, Peraiyur. 1/5

For Petitioner : Mr.M.Gnana Guru Nathan For R1 : M/s.K.Malathi Additional Government Pleader For R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R3 : Mr.R.Harishankar

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, forbearing the first respondent from dispossessing the petitioner from her property bearing S.No.177/10 measuring total extent of 65 cents at Karaikeni Village, Peraiyur Taluk, Madurai District, pursuant to the survey and pending civil suit in O.S.No.34 of 2025 on the file of the District Munsif-cumJudicial Magistrate, Peraiyur.

2. According to the petitioner, the third respondent has filed an application before the District Revenue Officer, and obtained an order in her favour and based on that order passed by the District Revenue Officer, the third respondent attempted to interfere with the peaceful possession and 2/5

enjoyment of the petitioner. It is also stated that a suit is pending in O.S.No. 34 of 2025 on the file of District Munsif - Cum - Judicial Magistrate, Peraiyur, against the third respondent seeking permanent injunction. It is further stated that during the pendency of civil suit, the first respondent conducted survey on behalf of the third respondent and attempted to interfere with the possession of the petitioner. Hence, the writ petition, seeking issuance of writ of Mandamus forbearing the first respondent from dispossessing the petitioner from her property.

3. When the Writ Petition is taken up for hearing, the learned Additional Government Pleader appearing for the first respondent, based on written instructions of the first respondent in his proceedings in e.f.vz;. 5662/2024/v];, dated 23.06.2025 submits that the subject Survey No.177/10 has been surveyed by the first respondent and four boundaries were fixed, without interfering with the petitioner's possession.

4. The said statement made by the learned Additional Government Pleader appearing for the first respondent is recorded. This Writ Petition stands disposed of. As far as the dispute between the third respondent and the 3/5

petitioner, the petitioner is at liberty to workout her remedy before the Civil Court. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

15.07.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Thasildar, (Land Survey) Peraiyur Taluk, Madurai District.

2. The Sub Inspector of Police, Villur Police Station, Villur.

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S.SOUNTHAR,J.

ebsi W.P(MD)No.16055 of 2025 15.07.2025 5/5