Vasantha v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P(MD) No.19622 of 2025 1.Vasantha 2.A.Kamatchi Pillai 3.Tamilselvan Alias Boss ... Petitioners Vs.

1.The District Collector, The District Collectorate, Madurai - 625 020.

2.The Tahsildar, Office of the Tahsildar, Vadipatti Taluk, Madurai District.

3.The Surveyor, Office of the Surveyor, Taluk Office Complex, Vadipatti, Madurai District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent herein to survey and measure the boundaries of petitioner's husband's land in Survey No. 13/9A1A at Neerethan village, Vadipatti taluk, Madurai district within the time stipulated by this Court.

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For Petitioner : Mr.O.R.Gokul Abimanyu For R1 to R3 : Mr.D.S.Nedunchezian Government Advocate

ORDER

The Writ petition is filed seeking direction to the the 3rd respondent to survey property of petitioner's husband in Survey No.13/9A1A at Neerethan village, Vadipatti taluk, Madurai district.

2. According to the learned counsel for the petitioner, the petitioner Nos.2 and 3 are entitled for 12 cents in Survey No.13/9A1A under registered settlement deed, dated 06.04.1961. It is stated that the subject property was alloted to one K.Kamanam Pillai and Subbammal in a registered partition deed on 14.02.1961. Subsequently, the said Subbammal executed a settlement deed in favour of the said Kamanam Pillai on 06.04.1961.

3. The petitioner Nos.2 and 3 are claiming right over the property in their capacity as legal representatives of the said Kamanam Pillai under the civil Court decree passed in O.S.No.409 of 2002. The petitioners have submitted an application in application No.2025/0123/24/015959, dated 29.05.2025, seeking 2/6

survey of the subject property and the same has not been considered by the respondents. Hence, this Writ Petition has been filed.

4. Mr.D.S.Nedunchezian, learned Government Advocate takes notice for the respondents and opposes this Writ Petition on the ground that the revenue document of the subject property stands in the name of one Govindha Reddiar.

5. The learned counsel for the petitioner would submit that the said Govindha Reddiar has got only two cents of land in the subject survey No. 13/9A1A under sale deed executed by the father of the petitioner Nos.2 and 3 Aadhimoolam Pillai and his brother Kamanam Pillai. However, the revenue documents have been issued in favour of the said Govindha Reddiar in respect of the entire property.

6. In view of the same, without expressing any opinion on merits of the matter, the respondent Nos.2 and 3 are directed to consider the online application, which was submitted by the petitioner dated 29.05.2025 in the light of supporting documents that may be submitted by the petitioner and to pass final orders within a period of twelve weeks from the date of receipt of copy of 3/6

this order, after issuing notice to the petitioner, above mentioned Govindha Reddiar and neighbouring land owners and other interested parties. The petitioner is directed to submit the supporting documents before the second respondent within a period of two weeks from the date of receipt of copy of this order.

7. With the above directions, this Writ Petition is disposed of. No costs. 28.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu 4/6

To 1.The District Collector, The District Collectorate, Madurai - 625 020.

2.The Tahsildar, Office of the Tahsildar, Vadipatti Taluk, Madurai District.

3.The Surveyor, Office of the Surveyor, Taluk Office Complex, Vadipatti, Madurai District.

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S.SOUNTHAR, J.

Indu W.P(MD) No.19622 of 2025 28.07.2025 6/6