Santhi.M v. The Thasildar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.Santhi ... Petitioner Vs.
1.The Thasildar, Usilampatti Taluk, Usilampatti, Madurai District.
2.The Taluk Head Surveyor, Usilampatti Taluk, Usilampatti, Madurai District.
3.The Sub Inspector of Police, Vikkiramagalam Police Station, Madurai District, Madurai-625 214.
4.Pandiyammal ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 and 2 to survey of petitioner's land situated at Madurai District,
Usilampatti Taluk, Vikkiramangalam Village, Usilai road in Old Survey No.39/2A.ba Resurvey No.380/7ba in new Survey No.380/7B comprising 979 square feet scheduled to be conducted on 24.06.2025 with help of the third respondent's police and demarcate the same by laying stones by considering the petitioner's petition dated 21.04.2025 within a time as this Court may be framed.
For Petitioner : Mr.A.Jeyaram For R1 and R2 : Mr.A.Baskaran Additional Government Pleader For R3 : Mr.M.Vaikkam Karunanithi Government Advocate For R4 : Mr.A.K.Manikkam
ORDER
The petitioner herein seeks a direction to the respondents 1 and 2 to survey his land situated in Old Survey No.39/2A.ba, Resurvey No. 380/7ba in New Survey No.380/7B, Vikkiramangalam Village, Usilampatti Taluk, Madurai District, by considering his application dated 21.04.2025.
2.Heard the arguments of Mr.A.Jeyaram, learned counsel appearing for the petitioner, Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondents 1 and 2, Mr.M.Vaikkam Karunanithi, learned Government Advocate appearing for the third respondent and Mr.A.K.Manikkam, learned counsel appearing for the fourth respondent. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The petitioner herein claims right over the subject property under a registered sale deed 14.09.2021. It is submitted by the learned counsel appearing for the fourth respondent that the fourth respondent has already instituted a civil suit in O.S.No.365 of 2023 on the file of the District Munsif cum Judicial Magistrate No.1, Usilampatti, seeking declaration that the sale deed dated 14.09.2021 executed in favour of the petitioner herein is null and void. In the said suit, the fourth respondent has also sought for declaration of title and permanent injunction in respect of the property situated in Old Survey No.39/2A, New survey No.380/7. Since the title deed of the petitioner is under challenge in the civil suit filed by the fourth respondent and the same is pending, this Court is not inclined to issue any direction to the respondents to survey the property. However, it is open to the petitioner to file an appropriate application before the Civil Court seeking survey of the property.
4.With this liberty, this Writ Petition stands dismissed. No costs. 24.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The Thasildar, Usilampatti Taluk, Usilampatti, Madurai District.
2.The Taluk Head Surveyor, Usilampatti Taluk, Usilampatti, Madurai District.
3.The Sub Inspector of Police, Vikkiramagalam Police Station, Madurai District, Madurai-625 214.
S.SOUNTHAR ,J cp
W.P.(MD)No.17060 of 2025 Dated: 24.06.2025