Thanga Malarmathi v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.16035 of 2025 and W.M.P(MD)No.12126 of 2025 Thanga Malarmathi ... Petitioner .Vs.

1.The District Collector, Tirunelveli, Tirunelveli District.

2.The Sub Collector, Cheranmahadevi, Tirunelveli District.

3.The Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.

4.The Taluk Surveor, Karisalpatti Village, Cheranmahadevi Taluk, Tirunelveli District.

5. Sivakumar ... 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 consider the objection filed by the Petitioner, dated 27.5.2025 and consequently forbear the respondents 2 to 4 from conducting survey in respect of land in S.Nos.27/B and 27/1C situated at Karisalpatti Village, Cheranmahadevi Taluk, Tirunelveli District till the disposal of I.A.No.1 of 2022 in O.S.No.25 of 2012, pending on the file of Sub Court, Ambsamudram.

For Petitioner : Mr.R.Ponkarthikeyan For Respondents : Mr.M.Gangatharan 1 to 4 Govt.Advocate

O R D E R

The Petitioner herein seeks a direction to the respondents 1 to 4 to consider the objection filed by the Petitioner, dated 27.5.2025 and consequently forbear the respondents 2 to 4 from conducting survey in respect of land in S.Nos.27/B and 27/1C situated at Karisalpatti Village, Cheranmahadevi Taluk, Tirunelveli District till the disposal of I.A.No.1 of 2022 in O.S.No. 25 of 2012, pending on the file of Sub Court, Ambsamudram. 2.Mr.M.Gangatharan, learned Government Advocate takes notice for the respondents 1 to 4. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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3.It is the case of the Petitioner that a civil suit for partition is pending in final decree proceedings in respect of the subject property. In the meantime, the fifth respondent filed a Writ Petition before this Court and obtained an order for survey of the property behind his back. The Petitioner submitted her objection against the survey of the property. The same has not been considered so far. Hence, the Petitioner has come forward with the present Writ Petition for the relief stated supra. 4.Mr.M.Gangatharan, learned Government Advocate, who takes notice for the respondents 1 to 4 would submit that the competent authority to consider the objection is the third respondent and would further submit that the third respondent will consider the objection of the Petitioner on its own merits within the time stipulated by this Court.

5.In view of the above submission, without expressing any opinion on the merits of the matter, the Petitioner is directed to submit his objection against the survey of the property before the third respondent within a period of two weeks from the date of receipt of a copy of this order. On submission of objection by the Petitioner, the third respondent shall consider the same and pass final orders on its own merits after issuing notice to the Petitioner 3/6

and 5th respondent within a period of 12 weeks from the date of a copy of this order.

6.With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

13.06.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Tirunelveli, Tirunelveli District.

2.The Sub Collector, Cheranmahadevi, Tirunelveli District.

3.The Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.

4.The Taluk Surveor, Karisalpatti Village, Cheranmahadevi Taluk, Tirunelveli District.

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S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.16035 of 2025 and W.M.P(MD)No.12126 of 2025 5/6

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