Vivek R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER W.P.(MD)No.20920 of 2025 and WMP(MD) No.16191 of 2025 Vivek R S/o. Ramakrishnan Door No.1/223 Aalamara Street Thodaneri Post Samayanallur Madurai - 625 017.

Petitioner(s) Vs

1. The District Collector District Collectors Office, Madurai - 625 020.

2. The District Revenue Officer District Revenue Office, Madurai - 625 020.

3. The Revenue Divisional Officer Revenue Divisional Office, Madurai - 625 020.

4. The Tahsildar Madurai North Taluk, Madurai.

5. The Surveyor Podumbu I Bit, Madurai North Taluk, Madurai.

6. Dharmalingam S/o. Sangu Servai Door No.4/193 Sakkarai Poosari Street Podumbu Village Madurai.

Respondent(s) 1/5

Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 4 and 5 respondents herein to survey the land in Survey Field No.173/11A, 173/4B situated at Pothumbu I Bit Village, Madurai North Taluk, Madurai.

For Petitioner :Mr.M.Venkatesan For Respondents :Mr.B.Ramanathan for R1 to R5 Addl. Government Pleader Mr.P.M.Vishnuvarthanan for R6

O R D E R

This writ petition has been filed seeking a direction to respondents 4 and 5 herein to survey the land in Survey Field No.173/11A, 173/4B situated at Pothumbu I Bit Village, Madurai North Taluk, Madurai.

2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader appearing for the official respondents and the learned counsel for the private respondent. 3.The petitioner submitted a representation to the official respondents seeking survey the land in question. Since no action has been taken on the said representation, the petitioner is before this Court with this writ petition.

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4. Learned Additional Government Pleader, appearing for the official respondent, submits that the representation of the petitioners' would be considered by the respondents within considerable time.

5. The background of the case is that the 6th respondent herein, namely, Dharmalingam filed WP(MD) No.748 of 2025 seeking direction not to conduct survey in the property situated in S.No.173/4B, Pothumbu Bit-I Village, Madurai North Taluk, Madurai District. Dharmalingam/6th respondent had also given a representation dated 12.05.2024 not to conduct survey in the said survey number. This Court, by order dated 10.01.2025, dismissed the writ petition finding that the relief claimed by Dharmalingam can be agitated before the civil Court.

6. The learned counsel for the 6th respondent would submit that he has already approached the civil Court. However, no interim orders are passed. The present writ petition is filed for conducting survey in S.No. 173/1A and also 173/4B, (which was mentioned in WP(MD) No.748 of 2025). Since a representation is made, it is for the respondents 4 and 5 to dispose of the said representation.

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7. In view of the same, the writ petition is disposed of by directing the respondents 4 and 5 to consider the petitioner's representation by putting all the parties on notice and by conducting enquiry. The said exercise shall be concluded within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently connected Miscellaneous Petition is closed. (K.SURENDER, J) 28.01.2026 NCC :Yes/No Index :Yes/No RR To

1. The District Collector District Collectors Office, Madurai - 625 020.

2. The District Revenue Officer District Revenue Office, Madurai - 625 020.

3. The Revenue Divisional Officer Revenue Divisional Office, Madurai - 625 020.

4. The Tahsildar Madurai North Taluk, Madurai.

5. The Surveyor Podumbu I Bit, Madurai North Taluk, Madurai.

4/5

K.SURENDER, J.

RR W.P.(MD)No.20920 of 2025 28.01.2026 5/5