Dhanam v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2025 CORAM :
THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.(MD)No.19279 of 2025 Dhanam
...Petitioner
Vs.
1.The Revenue Divisional Officer, 2.The Tahsildar, Vadipatti Taluk, Madurai District, 3.The Taluk Surveyor, Vadipatti, Vadipatti Taluk, Madurai District.
4.The Village Administrative Officer, Kallanai Village, Alanganallur, Vadipatti Taluk, Madurai District.
5.K.G.Pandiyan ... Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 4, not to take any further legal proceedings and not to conduct survey and fixing of the boundaries in respect of the lands in S.Nos.133/5A, 133/6A, 133/7, 100/1, 41/10A, 136/1B, 41/10A1, 41/10B, 35/20B, 136/1A, 160/1, 193/4B in Kallanai Village, Allanganallur, Madurai District until disposal of O.S.No.35 of 2024, on the file of V Additional District Judge, Madurai, and CMA(MD)No.575 of 2024 and the same is pending before this Court and O.S.Nos.50, 51, 52 of 2023 before the learned Munsif Court, Vadipatti and appeal before RDO and DRO, Madurai and also numbered as DR.No.3335837/25, DR.No. 333623/25 by considering the petitioner's representation dated 10.06.2025.
For Petitioner : Mr.P.Murugesan For Respondents : Mr.A.Baskaran Additional Government Pleader for R1 to R4
ORDER
The Writ Petition is filed seeking a direction to the respondents 1 to 4 not to take any further legal proceedings and not to conduct survey of the property situated in Survey Nos.133/5A, 133/6A, 133/7, 100/1, 41/10A, 136/1B, 41/10A1, 41/10B, 35/20B, 136/1A, 160/1 and 193/4B in Kallanai Village, Allanganallur, Madurai District, until disposal of 2/6
O.S.No.35 of 2024 on the file of the V Additional District Court, Madurai and O.S.Nos.50, 51 and 52 of 2023 on the file of the District Munsif Court, Vadipatti.
2. Heard the arguments of Mr.P.Murugesan, learned counsel appearing for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader, who takes notice for the respondents 1 to 4. Since no adverse order is passed against private respondent, notice to him is dispensed with. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
3. From the affidavit filed in support of the writ petition and the typed-set of papers, it is clear that the fifth respondent herein filed an application before the second respondent seeking survey of the subject property based on the sale deed executed by the petitioner's son Ravichandran dated 30.01.2020. The validity of the sale deed has been challenged by the said Ravichandran in O.S.No.35 of 2024 on the file of the V Additional District Court, Madurai. The above said Ravichandran filed a writ petition in W.P.(MD)No.19278 of 2025 before this Court with 3/6
similar relief and the same is dismissed with liberty to workout his remedy in pending civil litigation. The petitioner herein also filed a civil suit in respect of the subject property in O.S.No.51 of 2023 on the file of the District Munsif Court, Vadipatti seeking declaration that the sale deed executed by her son Ravichandran in favour of the fifth respondent dated 30.01.2020 is null and void and for consequential injunction. When the validity of the sale deed executed by the petitioner's son in favour of the fifth respondent is very much under dispute in the suit filed by the petitioner in O.S.No.51 of 2023, it is for the petitioner to move appropriate interlocutory application seeking interim relief in the civil suit. Therefore, this Court is not inclined to entertain the writ petition. Hence, this Writ Petition stands dismissed. No costs. 17.07.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The Revenue Divisional Officer, 4/6
2.The Tahsildar, Vadipatti Taluk, Madurai District, 3.The Taluk Surveyor, Vadipatti, Vadipatti Taluk, Madurai District.
4.The Village Administrative Officer, Kallanai Village, Alanganallur, Vadipatti Taluk, Madurai District.
5/6
S.SOUNTHAR, J.
csm Order made in W.P.(MD)No.19279 of 2025 Dated : 17.07.2025 6/6