Shanthi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2025 CORAM :
THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.(MD)No.18778 of 2025 Shanthi
...Petitioner
Vs.
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Tahsildar, Thirumayam Taluk, Pudukkottai District.
3.The Taluk Surveyor, Thirumayam Taluk, Pudukkottai District.
4.Chinnasamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the second respondent not to survey the property in S.F.No.429/27 situated at Kuzhipiraipatti Village, Thirumayam Taluk, Pudukkottai District based 1/4
on the petitioner's objection dated 23.05.2025 in person and through registered post dated 07.07.2025.
For Petitioner : Mr.Arul Jenifer for Mr.K.G.Arunkumar For Respondents : Mr.M.Gangatharan Government Advocate for R1 to R3
ORDER
The petitioner herein seeks a direction to the second respondent not to survey the property situated in S.F.No.429/27 in Kuzhipiraipatti Village, Thirumayam Taluk, Pudukkottai District, by considering her objections dated 07.07.2025.
2. Heard the arguments of Mr.Arul Jenifer, learned counsel appearing for the petitioner and Mr.M.Gangatharan, learned Government Advocate, who takes notice for the respondents 1 to 3. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
3. Even as per the averments found in the affidavit filed in support of this writ petition, the subject property is situated in S.F.No.429/27 2/4
belongs to the fourth respondent. The fourth respondent filed an application before the second respondent seeking survey of the property. The petitioner herein, who owns adjacent survey fields, namely, S.F.Nos. 428/15 and 429/22, submitted an objections on 07.07.2025 requesting the second respondent not to survey the property situated in S.F.No.429/27.
4. Admittedly, S.F.No.429/27 belongs to the fourth respondent and therefore, the petitioner is not entitled to object survey of the property belongs to the fourth respondent. The petitioner owns the adjacent survey fields. Therefore, the second respondent before surveying the property belongs to the fourth respondent situated in S.F.No.429/27, must issue notice to all the neighboring land owners including the petitioner herein and proceed further.
5. With the above clarification, this Writ Petition stands disposed of. No costs.
11.07.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm 3/4
S.SOUNTHAR, J.
csm To 1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Tahsildar, Thirumayam Taluk, Pudukkottai District.
3.The Taluk Surveyor, Thirumayam Taluk, Pudukkottai District.
Order made in W.P.(MD)No.18778 of 2025 Dated : 11.07.2025 4/4