Kr.Karuppu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.22630 of 2025 JR.Karuppu ... Petitioner .Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Sub Collector, Devakottai, Sivagangai District.

3.The Tahsildar, Devakottai Taluk, Sivagangai District.

4.Rajendran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 to 3 not to survey the land comprised in S.NO.163/16C situated at Iruvinivayal Group, Pappanvayal Village, Devakottai Taluk, Sivagangai District by considering the Petitioner's representation, dated 14.8.2025. 1/6

For Petitioner : Mr.A.Karthik For Respondents : Mrs.K.Malathi, 1 to 3 Addl.Govt.Pleader

O R D E R

The Writ Petition is filed seeking a direction to the respondents 1 to 3 not to survey the land in S.No.163/16C situated at Iruvinivayal Group, Pappanvayal Village, Devakottai Taluk, Sivagangai District by considering the Petitioner's representation, dated 14.8.2025.

2.Mrs.K.Malathi, learned Additional Government Pleader takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the Petitioner, the subject property originally belongs to the Petitioner's grand-mother Chittal, wife of Periaiah, as seen from the entry in her name in the 'A' Register. Subsequently, in the year 2015, patta has been wrongly transferred in the name of fourth respondent. Based on the patta issued in his name, the fourth respondent moved this Court in W.P(MD)No.16130 of 2025 and obtained an order for 2/6

consideration of his request for survey of the subject property. The Petitioner challenging the issuance of patta in the name of fourth respondent, submitted representation on 6.3.2025 before the second respondent and an enquiry has been initiated by him in proceedings in No.A1/1732/2025.Therefore according to the Petitioner, when the enquiry is pending on the file of the second respondent, the surveying of the property on the basis of challenged revenue documents would cause prejudice to the Petitioner. Therefore the Petitioner submitted a representation on 14.8.2025 before the third respondent requesting him not to survey the property pending enquiry on the file of the second respondent. The same has not been considered so far. Hence the Petitioner is before this Court with the present Writ Petition for the relief stated supra.

4.In the Writ Petition filed by the fourth respondent, the third respondent herein has been directed to consider his online application seeking survey of the property and pass final orders after issuing notice to the fourth respondent, neighbouring land owners and other interested parties, if any. The Petitioner submitted the instant representation on 14.8.2025 objecting survey of the property on the ground that the appeal filed by him challenging the patta issued in favour of fourth respondent is 3/6

pending on the file of the second respondent. 5.In such circumstances, the second respondent is directed to consider the objection filed by the Petitioner, dated 14.8.2025 and pass appropriate orders on its own merits, after affording reasonable opportunity to the Petitioner and fourth respondent. The final decision with regard to survey of the property as per the request made by the fourth respondent shall be taken only after considering the objection filed by the Petitioner, dated 14.08.2025. The final order shall be passed within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above directions, the Writ Petition stands disposed of. No costs.

19.08.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Sub Collector, 4/6

Devakottai, Sivagangai District.

3.The Tahsildar, Devakottai Taluk, Sivagangai District.

S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.22630 of 2025 5/6

19.08.2025 6/6