Elangovan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2025 CORAM :

THE HON'BLE MR.JUSTICE S. SOUNTHAR Elangovan ... Petitioner Vs

1. The District Collector, Madurai District, Madurai.

2. The Thashildar, Peraiyur Taluk Office, Madurai District.

3. The Surveyor, Peraiyur Taluk Office, Madurai District.

4. The Inspector of Police, Sedapatti Police Station, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 2nd and 3rd respondents to survey and demarcate the petitioner's land situated in 13/1E in Sedapatti Village, Peraiyur Taluk, Madurai District, by considering the petitioner's application dated 04.07.2025 within 1/5

stipulated time fixed by this Court.

For Petitioner :

Mr.C.Venkatesh, For Respondents :

Mrs.S.Jeya Priya (R1-R3) Government Advocate :

Mr.M.Vaikkam Karunanithi (R4) Government Advocate (Crl.Side)

O R D E R

The writ petition is filed seeking a direction to the respondents 2 and 3 to survey his property situate in S.No.13/1E, in Sedapatti Village, Peraiyur Taluk, Madurai District, by considering the petitioner's application, dated 04.07.2025.

2.Mrs.S.Jeya Priya, learned Government Advocate takes notice for the respondents 1 to 3. Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl.Side) takes notice for the fourth respondent. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

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3.It is the case of the petitioner that the subject property was settled in favour of the petitioner and his siblings by the petitioner's father under settlement deed dated 29.11.1968. The patta for the subject property was also issued in the name of the settlees including the petitioner in patta No.2168. Thereafter, the other settlees i.e., the siblings of the petitioner executed a settlement deed, dated 21.07.2025 settling their share in the subject property in favour of the petitioner. Thus, according to the petitioner, he is the absolute owner of the property. He submitted an application seeking survey of the same in application No. 2025/0123/24/017406, dated 04.07.2025, but the same has not been considered. Hence, he has come before this Court. 4.

The learned Government Advocate who takes notice for the respondents 1 to 3 would submit that the application submitted by the petitioner will be considered in accordance with the law. 5.In the view of the same, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the application of the petitioner dated 04.07.

copy of this order, after issuing notice to the petitioner, co-pattadhars, neighboring land owners and other interested parties. 6.With the above direction, this writ petition stands disposed of. No costs.

06.08.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The District Collector, Madurai District, Madurai.

2. The Thashildar, Peraiyur Taluk Office, Madurai District.

3. The Surveyor, Peraiyur Taluk Office, Madurai District.

4. The Inspector of Police, Sedapatti Police Station, Madurai District.

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S. SOUNTHAR , J.

LR 06.08.2025 5/5