Chithiravelu v. The Revenue Divisional Officer

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 18.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR Chithiravelu ... Petitioner Vs

1. The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

2. The Tahsildar, Tiruchuli Taluk, Virudhunagar District.

3. The Head Surveyor, Tiruchuli Taluk, Virudhunagar District.

4. Vinayagamoorthy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 2 and 3 to consider the objection given by the petitioner dated 06.06.2025 and consequently not to survey the property under the light of the order passed by this Court in WP(MD)No.10784/2025 dated 17.04.2025. For Petitioner : Mr.A.Balaji For Respondents : Mrs.S.Jeya Priya, Govt. Advocate for R1 to R3 1/6

O R D E R

This Writ Petition is filed seeking issuance of Writ of Mandamus, directing the respondents 2 and 3 to consider the objection of the petitioner dated 06.06.2025 and consequently, not to survey the property in the light of the order passed by this Court in WP(MD)No.10784 of 2025 dated 17.04.2025.

2. Mrs.S.Jeya Priya, learned Government Advocate, takes notice for the respondents 1 to 3. Since no adverse order is going to be passed against the 4th respondent, notice to him is dispensed with.

3. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

4. It is not in dispute that the 4th respondent herein filed a Writ Petition in WP(MD)No.10784 of 2025, seeking survey of the property situate in Survey Nos.18/1L1D and 18/1K covered by patta Nos.407 and 212 respectively, in Ottankulam Village, Thiruchuli Taluk, Virudhunagar District. The objection raised by the petitioner to the survey of the said property was also brought to the notice of this Court in the said Writ Petition. The said Writ Petition was disposed of with a direction to the 2/6

respondents to issue advance notice to the petitioner herein and consider his objection on merits and adjudicate on the objection. It is also observed in the said order that in the event of official respondents find any title dispute, the parties shall be relegated to the civil Court. It was also observed that if the objection of the petitioner was found to be frivolous, the official respondents could survey the property by overruling the objection. It is stated by the petitioner that the official respondents without considering the objection raised by the petitioner on merits, as directed by this Court in the earlier Writ Petition, attempted to survey the property. Hence, the petitioner has come before this Court.

5. The learned Government Advocate appearing for the respondents would submit that the order passed by this Court in the earlier Writ Petition will be followed in its letter and spirit.

6. In view of the same, the respondents 2 and 3 are directed to consider the objection raised by the petitioner dated 06.06.2025 on its own merits and pass final orders within a period of two (2) weeks from the date of receipt of a copy of this order and thereafter follow further course of action as per the direction issued in W.P.(MD)No.10784 of 2025.

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7. It is made clear that in the event of official respondents decide to survey the subject property, the same will not result in dispossession of any of the party or it will not affect the rights of the parties over the subject property.

8. With this clarification, this Writ Petition stands disposed of. There shall be no order as to costs.

18.06.2025 vsm Index: Yes/No Internet: Yes/No 4/6

To

1. The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

2. The Tahsildar, Tiruchuli Taluk, Virudhunagar District.

3. The Head Surveyor, Tiruchuli Taluk, Virudhunagar District.

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S.SOUNTHAR, J.

vsm W.P (MD) No.16443 of 2025 18.06.2025 6/6