R. Viveka 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.19280 of 2025 R.Viveka
...Petitioner
Vs.
1.The Revenue Divisional Officer, Madurai.
2.The Tahsildar, Vadipatti Taluk, Madurai District, Madurai.
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 PRAYER: Writ Petition filed under Article 226 of the Constitution of 1/6
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, which is filed by the petitioner's father and grandmother and CMA(MD)No.575 of 2024 and O.S.No.238 of 2024, on the file of the IV Additional District Judge, Madurai filed by the petitioner and the same is pending before this Court and O.S.Nos.50, 51, 52 of 2024 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 25.06.2025.
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, O.S.No.238 of 2024 on the file of the IV 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. 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 father Ravichandran dated 30.01.2020. The writ petitions filed by the petitioner's father Ravichandran and the said Ravichandran's mother in W.P.(MD)Nos. 19278 and 19279 of 2025 with similar prayer are already dismissed by directing them to workout their remedy before the civil Court in the 3/6
pending litigation.
4. The petitioner filed this writ petition mainly on the ground that she is having 1/3rd share in the subject property. It is seen from the affidavit filed in support of the writ petition that the petitioner already filed a civil suit in O.S.No.238 of 2024 on the file of the IV Additional District Court, Madurai seeking partition of 1/3rd share. In the said suit, she sought for declaration that the sale deed executed by her father Ravichandran in favour of the fifth respondent is null and void. Therefore, it is clear that the title document of the fifth respondent is questioned by the petitioner in the civil suit filed by her in O.S.No.238 of 2024. In such circumstances, it is for the petitioner to file an interlocutory application in the said civil suit seeking interim relief. 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 4/6
To 1.The Revenue Divisional Officer, Madurai.
2.The Tahsildar, Vadipatti Taluk, Madurai District, Madurai.
3.The Taluk Surveyor, Vadipatti, Vadipatti Taluk, Madurai District.
4.The Village Administrative Officer, Kallanai Village, Alanganallur, Vadipatti Taluk, Madurai District.
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S.SOUNTHAR, J.
csm Order made in W.P.(MD)No.19280 of 2025 Dated : 17.07.2025 6/6