Madras High CourtWP(MD)/20996/2025dismissed

Shanmuga Priya v. The Tahsildar

2025-08-01Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Writ Petition(MD)No.20996 of 2025 Shanmuga Priya ..Petitioner Vs 1.The Tahsildar, Thiruvidaimaruthur Taluk, Thanjavur District.

2.The Taluk Surveyor, Thiruvidaimaruthur Taluk, Thanjavur District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue Writ of Mandamus to direct the respondents not to survey the lands situate at survey Nos.267/38 and 267/39B at Sannathi Street, Thirupananthal, Thiruvidaimaruthur Taluk, Thanjavur District till the disposal of the Second Appeals by considering the representation of the petitioner dated 25.06.2025.

For Petitioner : Mr.A.David Oliver For Respondents : Mr.M.Gangatharan Addl. Govt. Pleader 1/4

ORDER

The writ petition is filed seeking a direction to respondents not to survey the property situated in Survey Nos.267/38 and 267/39B at Sannathi Street, Thiruppananthal, Thiruvidaimarudur Taluk, Thanjavur District till the disposal of the second appeals by considering the petitioner's representation dated 25.06.2025.

2. The main grievance of the petitioner appears to be that one Ponni is attempting to survey the subject property by approaching the respondents / authorities pending disposal of the second appeals in S.A(MD)Nos.852 of 2013 and 263 of 2022 on the file of this Court.

3. Since the Second Appeals are pending between the petitioner and the above-mentioned Ponni, it is always open to the petitioner to file an appropriate interim application in the pending second appeals and seek a restraint order against the said Ponni from moving the authorities for a survey of the property. Therefore, this court is not inclined to entertain this writ petition. However, liberty is granted to the petitioner to file an appropriate application in the pending second appeals. 2/4

4. With the above liberty, this writ petitions stands dismissed. No costs.

01.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 1.The Tahsildar, Thiruvidaimaruthur Taluk, Thanjavur District.

2.The Taluk Surveyor, Thiruvidaimaruthur Taluk, Thanjavur District.

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S.SOUNTHAR, J.

skn Writ Petition(MD)No.20996 of 2025 01.08.2025 4/4