Muthulakshmi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.08.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.18141 of 2025 Muthulakshmi ... Petitioner .Vs.

1.The Tahsildar, Office of the Tahsildar, Ramanathapuram Taluk, 2.The Assistant Director, Office of the Land Surveyor Office, District Collector Campus, 3.The Inspector of Police, Mandapam Police Station, Mandapam, Ramanathapuram District 4.Sekar 5.Ladasamy 6.Indrani 7.Raguvaran 1/6

8.Meenakshi 9.Latha 10.Muthuraman 11.Naveen 12.Veni 13.Selvarani 14.Kamala ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to conduct survey and mark the boundaries of the properties in S.Nos.304/1A3, 3-4/1D and 304/1F,275/4, 276/10,306/3A and 306/4A, 306/1B1A, 305/2,306/1A,306/1B2 to an extent of 5 3⁄4 cents, 47 cents,9 cents, 2 1⁄2 cents, 47 cents, 1 acre 11 cents, 78 1⁄2 cents, 61 cents, 93 cents respectively situated at Mandapam Village, Ramanathapuram Taluk, Ramanathapuram District and to provide sketch for the same with adequate Police protection by considering the Petitioner's representation, dated 6.6.2025, in accordance with law, within the time stipulated by this Court.

For Petitioner : Mr.D.Balamurugapandi For Respondents : Mr.A.Baskaran 1 and 2 Addl.Govt. Pleader For Respondent-3 : Mr.M.Vaikkam Karunanithi Govt. Advocate(Crl.side)

O R D E R

2/6

The Writ Petition is filed seeking a direction to the second respondent to conduct survey of the properties in S.Nos.304/1A3, 3-4/1D and 304/1F, 275/4, 276/10, 306/3A and 306/4A, 306/1B1A, 305/2, 306/1A, 306/1B2 to an extent of 5 3⁄4 cents, 47 cents,9 cents, 2 1⁄2 cents, 47 cents, 1 acre 11 cents, 78 1⁄2 cents, 61 cents, 93 cents respectively situated at Mandapam Village, Ramanathapuram Taluk, Ramanathapuram District. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.It is seen from the typed-set of papers that the Petitioner's husband Nagarathinam filed a Writ Petition in W.P(MD)No.22773 of 2024 seeking survey of the property. The said Writ Petition was disposed of with a direction to the respondents to conduct survey of the subject property and mark the boundaries, after issuance of notice to the adjacent land owners and other interested parties. Subsequently, the Petitioner's husband Nagarathinam died and hence, the Petitioner had filed the present Writ Petition for the relief stated supra.

4.When the Petitioner's husband filed a Writ Petition and obtained an order, the Petitioner is not entitled to maintain the 3/6

second Writ Petition for the very same relief. If the earlier direction issued by this Court is not complied with, it is for the Petitioner to file contempt Petition or otherwise, it is for the Petitioner to get appropriate remedy before the competent Civil Court. Hence this Court is not inclined to entertain the present Writ Petition. 5.Accordingly, the Writ Petition stands dismissed, with liberty to the Petitioner to file a contempt Petition or to work out the remedy before the competent Civil Court, in the manner known to law, if so advised. No costs.

04.08.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Tahsildar, Office of the Tahsildar, Ramanathapuram Taluk, 2.The Assistant Director, Office of the Land Surveyor Office, District Collector Campus, 4/6

3.The Inspector of Police, Mandapam Police Station, Mandapam, Ramanathapuram District 5/6

S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.18141 of 2025 04.08.2025 6/6