Manikandan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.17510 of 2025 and W.M.P(MD)No.13367 of 2025 Manikandan ... Petitioner .Vs.

1.The District Collector, 2.The District Revenue Officer, 3.The Tahsildar, Karambakudi Taluk, 4.The Taluk Surveyor, Karambakudi Taluk,

5. Sharmila ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 3 and 4 from measuring the property 1/6

comprised in S.No.86/8 of Kaliyarayanviduthi Village, Karambakudi Taluk till the disposal of the appeal preferred by the Petitioner before the second respondent with regard to the above said property..

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mrs.D.S.Nedunchezian 1 to 4 Govt. Advocate

O R D E R

The Writ Petition is filed with the following prayer: The Writ Petition is filed to issue a Writ of Mandamus directing the respondents 3 and 4 from measuring the property comprised in S.No.86/8 of Kaliyarayanviduthi Village, Karambakudi Taluk till the disposal of the appeal preferred by the Petitioner before the second respondent with regard to the above said property..

2.The learned counsel for the Petitioner at the time of arguments submitted that the prayer in the Writ Petition is wrongly mentioned that he wants a direction but he seeks issuance of a Writ of Mandamus forbearing the respondents 3 2/6

and 4 from measuring the property in S.No.86/8 of Kaliyarayanviduthi Village, Karambakudi Taluk till the disposal of the appeal preferred by the Petitioner before the second respondent.

3.Mr.D.S.Nedunchezian, 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.

4.It is stated that the name of Thangarasu has been included in the UDR records in respect of the subject property of the Petitioner. Therefore, the Petitioner submitted an appeal before the second respondent seeking deletion of Thangrasu name from the revenue records. When the said appeal is pending, the fifth respondent herein, daughter of said Thanagarasu said to have filed an application before the third respondent seeking survey of the subject property. Hence the Petitioner is before this Court. 5.The Petitioner herein seeks the relief pending disposal of the appeal on the file of the second respondent. The appeal has been preferred by the Petitioner against one Thangarasu and he has not been made as a party in the Writ Petition. Only the 3/6

daughter of Thangarasu is made as a party here. Therefore, this Court is not inclined to grant the prayer sought for by the Petitioner.

6.In view of the same, without expressing any opinion on the merits of the matter, the second respondent is directed to dispose of the appeal filed by the Petitioner seeking mutation of revenue records, dated 27.5.2025, after issuing notice to the Petitioner and the above said Thangarasu, within a period of 14 weeks from the date of receipt of a copy of this order 7.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

27.06.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, 2.The District Revenue Officer, 4/6

3.The Tahsildar, Karambakudi Taluk, 4.The Taluk Surveyor, Karambakudi Taluk, S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.17510 of 2025 and 5/6

W.M.P(MD)No.13367 of 2025 27.06.2025 6/6