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Madras High CourtWP(MD)/23818/2022disposed of

Manimuthu.N v. The Assistant Director (Survey)

2025-12-16Honourable Mr.Justice K. Surender5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER W.P.(MD)No.23818 of 2022 WMP(MD) No.17901 of 2022 Manimuthu.N ... Petitioner Vs

1. The Assistant Director (Survey), Office of District Surveyor, Sivagangai District, Sivagangai..

2. The Tahsildar, Singampuneri Taluk, Sivagangai District..

3. The Taluk Surveyor, Singampuneri Taluk, Sivagangai District..

4. Muruganantham, S/o. Alagar, Karadipatti Village, Kallampatti Post, Singampuneri Taluk, Sivagangai 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 respondents 1 to 3 herein to carry out the corrections in defected FMB following the original FMB and consequently, forbear the respondents 2 and 3 herein from conducting the survey as per the defected FMB in 1/5

respect of property in Survey No. 46/5 situated at D.Kalappur Village, Singampuneri Taluk, Sivagangai District by considering the petitioner's representations dated 7.12.2021 and 6.10.2022. For Petitioner :Mr.T.Veerakumar For Respondent :Mr.D.Sadiq Raja for R1 to R3 Addl. Government Pleader No appearance for R4

O R D E R

This writ petition has been filed seeking a direction to the respondents 1 to 3 herein to carry out the corrections and defects in FMB sketch by relying on the original FMB and consequently, to forbear the respondents 2 and 3 herein from conducting the survey in Survey No. 46/5 situated at D.Kalappur Village, Singampuneri Taluk, Sivagangai District by considering the petitioner's representations dated 7.12.2021 and 6.10.2022.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3.

3. The petitioner submitted representations on 07.12.2021 and 06.10.2022 to the respondents for making necessary corrections in the FMB sketch and also to rectify the defects found therein. However, no 2/5

action has been taken on the said representation. Hence, the present writ petition has been filed.

4. Learned Additional Government Pleader, appearing for the respondents, submits that the representation of the petitioner would be considered by the respondents within a time stipulated by this Court.

5. In view of the above submissions, without expressing any opinion on the merits of the matter, this writ petition is disposed of with a direction to the respondents 1 to 3 to consider the petitioner's representation dated 06.10.2022, after giving notice to all the parties, and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. Needless to say, if any rival claims, the same shall be subject to the jurisdiction of the civil Court. There shall be no order as to costs. Consequently connected Miscellaneous Petition is closed. (K.SURENDER, J) 16.12.2025 NCC :Yes/No Index :Yes/No RR 3/5

To

1. The Assistant Director (Survey), Office of District Surveyor, Sivagangai District, Sivagangai..

2. The Tahsildar, Singampuneri Taluk, Sivagangai District..

3. The Taluk Surveyor, Singampuneri Taluk, Sivagangai District..

4/5

K.SURENDER, J.

RR W.P.(MD)No.23818 of 2022 16.12.2025 5/5