Subbulakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P(MD) No.16627 of 2025 Subbulakshmi ... Petitioner Vs.

1.The District Collector, Tenkasi, Tenkasi District.

2.The Assistant Director (Survey), District Collector Office Building, Tenkasi, Tenkasi District.

3.The Tahsildar, Sankarankovil Taluk, Tenkasi District.

4.Seeniyammal, S/o.Perya Ganapathi, Aachampatti, Mela Colony, Vadakuputhur Post, Sankarankovil Taluk, Tenkasi District.

5.Sankar, S/o.Velu Asari, No.21/5, Bharathiyar 6th Street, Sankarankovil Taluk, Tenkasi District.

...Respondents

1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing to dispose the appeal pending before the 2nd respondent, dated 30.04.2025 and for other reliefs as fixed by this court.

For Petitioner : Mr.B.Arun For R1 to R3 : Mr.S.Jeya Priya Government Advocate

ORDER

The Writ petition is filed seeking direction to the respondent Nos.1 to 3 to dispose the appeal, which has been filed by the petitioner on 30.04.2025 before the second respondent.

2. It is the case of the petitioner that he purchased 50 cents of land in Survey No.209/3A3 under sale deed No.2719 of 2018, dated 29.10.2018. The fourth respondent have filed a Writ Petition in W.P(MD) No.5389 of 2025 before this Court, seeking survey of the property situated in Survey No. 209/3A3P. In the above said Writ Petition, the petitioner was not impleaded as a party and the same was disposed of by directing the official respondents therein to survey the said property, vide order, dated 28.02.2025. 2/4

3. The learned Government Advocate appearing on behalf of the respondent Nos.1 to 3 on instruction would submit that pursuant to the direction issued by this Court in W.P(MD) No.5389 of 2025, survey was already conducted by the official respondents therein. Aggrieved by the said exercise, the petitioner has filed an appeal before the second respondent on 30.04.2025, however, the same has not been considered.

4. In view of the limited prayer sought for by the petitioner, without expressing any opinion on merits of the matter, the second respondent is directed to consider the appeal filed by the petitioner, dated 30.04.2025 and pass final orders on its own merits, after issuing notice to the petitioner and the respondent Nos.4 and 5 within a period of twelve weeks from the date of receipt of copy of this orer.

5. With the above direction, this Writ Petition is disposed of. No costs. 28.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu 3/4

S.SOUNTHAR, J.

Indu To 1.The District Collector, Tenkasi, Tenkasi District.

2.The Assistant Director (Survey), District Collector Office Building, Tenkasi, Tenkasi District.

3.The Tahsildar, Sankarankovil Taluk, Tenkasi District.

W.P(MD) No.16627 of 2025 28.07.2025 4/4