Indira A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.15879 of 2025 A.Indira ... Petitioner .Vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Thirumangalam Taluk, Madurai District.

3.The Taluk Surveyor, Thirumangalam Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 2 and 3 to execute the proceedings passed by the first respondent in O.Mu.A8/1731/2025, dated 7.4.2025 and consequently conduct the survey and demarcate the four boundaries of the land in S.No.115/4 and S.NO.115/11 situated at Kappalur Village, Thirumangalam, Madurai District. For Petitioner : M/s.A.B.Jeeva 1/6

For Respondents : Mrs.S.Jeya Priya 1 to 3 Govt. Advocate

O R D E R

The Writ Petition is filed seeking a direction to the respondents 2 and 3 to execute the proceedings passed by the first respondent in O.Mu.A8/1731/2025, dated 7.4.2025 and consequently conduct the survey and demarcate the four boundaries of the land in S.No.115/4 and S.NO.115/11 situated at Kappalur Village, Thirumangalam, Madurai District. 2.Mrs.S.Jeya Priya, learned Government Advocate takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the Petitioner, she purchased 5 acres of land in S.No.115/4 in Kappalur Village, Thirumangalam Taluk, Madurai District under registered document, dated 25.2.1970. In the year 2022, when she verified the Encumbrance Certificate, it came to her knowledge that the property has been wrongly transferred in the name of one Indira, wife of Arumugam residing at Dindigul District and two other persons. The said Indira 2/6

transferred the land to third parties. Challenging the transfer of land by the said Indira, the Petitioner filed a petition before the District Registrar, Madurai District on 9.11.2022 seeking cancellation of the sale deed executed by her.The said petition was dismissed by the District Registrar, Madurai with a direction to the Petitioner to approach the Civil Court to establish her right, if any. The Petitioner submitted an application for survey of the property in S.No.115/4 and 115/7.The same has not been considered till date. Hence the Petitioner has come before this Court with the present Writ Petition for the relief stated supra. 4.

Even as per the avermnent found in the affidavit filed in support of the Writ Petition, the property purchased by the Petitioner was allegedly sold to another person and the said person, in turn sold the property in favour of third parties. In these circumstances, there is a cloud over the Petitioner's tile over the subject property. The Petitioner already moved the District Registrar for cancellation of the document executed by one Indira and the same was dismissed by directing the Petitioner to move the Civil Court. Therefore this Court is not inclined entertain the present Writ Petition.

5.Accordingly, the Writ Petition stands dismissed, with 3/6

liberty to the Petitioner to move the competent Civil Court for redressal of her grievance. No costs.

12.06.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Thirumangalam Taluk, Madurai District.

3.The Taluk Surveyor, Thirumangalam Taluk, Madurai District.

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S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.15879 of 2025 5/6

12.06.2025 6/6