Paulraj v. The Dist. Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Paulraj .... Petitioner /Vs/

1. The District Collector, Kanyakumari District

2. The Revenue Divisional Officer, Padmanabapuram, Kanyakumari District.

3 The Tahsildar,, Thiruvattar Taluk Office, Thiruvattar, Kanyakumari District.

4. The Head Surveyor,, Thiruvattar Taluk Office, Thiruvattar, Kanyakumari District

5. C.Thankappan .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd and 4th respondents herein 1/5

to measure and identifying the petitioner property in Survey No.190/3 situated at Petchiparai Village, Thiruvattar Taluk, Kanyakumari District based on the petitioner representation dt.26.06.2012. For Petitioner : Mr.G.Gomathi Sankar For R1 to R4 : Mr.M.Lingadurai Special Government Pleader For R5 : Mr.K.P.Narayanakumar

ORDER

The petitioner seeks direction to the third and fourth respondents to measure and identify the petitioner's property in Survey No.190/3, pursuant to the representation dated 26.06.2012.

2. Admittedly, even according to the petitioner, a suit has been filed in O.S.No.102 of 2012 by the fifth respondent and the same is pending on the file of the District Court, Kanyakumari District. The relief in the suit is for fixation of boundaries, declaration, rectification of patta and permanent injunction. Similarly, the petitioner has also filed a suit in O.S.No.77 of 2013, which is also pending before District Court, Kanyakumari at Nagarcoil.

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3. In view of the above, the petitioner's request for conducting survey invoking Article 226 of the Constitution of India cannot be entertained at this stage, it would suffice to direct the District Judge, Kanyakumari to dispose of the pending suits in O.S.No.102 of 2012 and O.S.No.77 of 2013, within a period of six months from the date of receipt of a copy of this order.

4. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 24.04.2025 am 3/5

To

1. The District Collector, Kanyakumari District

2. The Revenue Divisional Officer, Padmanabapuram, Kanyakumari District.

3 The Tahsildar,, Thiruvattar Taluk Office, Thiruvattar, Kanyakumari District.

4. The Head Surveyor,, Thiruvattar Taluk Office, Thiruvattar, Kanyakumari District Copy To The District Judge, Kanyakumari at Nagercoil.

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P.B. BALAJI , J.

am Order made in Dated:

24.04.2025 5/5