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Madras High CourtWP(MD)/23035/2025disposed of

A.Sekar v. The District Collector

2025-08-26Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Writ Petition(MD)No.23035 of 2025 A.Sekar ..Petitioner Vs

1. The District Collector Thanjavur District, Thanjavur.

2 The Superintendent of Police, Thanjavur District, Thanjavur.

3 The Tahsildar, Kumbakonam Taluk, Thanjavur District.

4 The Taluk Surveyor, Kumbakonam Taluk, Thanjavur District.

5 The Inspector of Police, Nachiyarkovil Police Station, Thanjavur District.

6 Ponnaiah Pillai ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 3rd and 4th respondents to survey the lands belongs to the petitioner in S.No.2/16A to an extent 0.09.5 Ares situated at Mangammalpuram, Nagarasampettai, Kumbakonam Taluk, Thanjavur District, based on the petitioners application No.2025/N123/21/009380 dated 13.08.2025 with police protection.

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For Petitioner : Mrs.S.Prabha For Respondents : Mr.M.Gangatharan Govt. Advocate (for RR1, 3, and 4) Mr.M.Vaikkam Karunanithi Govt. Advocate (for RR2 and 5)

ORDER

The writ petition has been filed seeking a direction to the respondents 3 and 4 to survey the property comprised in S.No.2/16A, Mangammalpuram, Nagarasampettai, Kumbakonam Taluk, Thanjavur District, by considering the petitioner's application No.

2023/N123/21/009380 dated 13.08.2025.

2. Heard the arguments of Mrs.S.Prabha, learned counsel for the petitioner, and Mr.M.Gangatharan, learned Government Advocate for the respondents 1, 3, and 4 and Mr.M.Vaikkam Karunanithi, learned Government Advocate (crl. side) appearing for the respondents 2 and 5. Since no adverse order is going to be passed as against the 6th respondent, notice to him is dispensed with. By consent of both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, the subject property is his ancestral property, and after the death of his father, the revenue records were mutated in the name of the petitioner and his brothers under Patta No.429. 2/5

One of the petitioner's brothers, namely Padmanabhan, executed a Will dated 13.09.2013 bequeathing his share in favour of the petitioner, and he died on 24.08.2015. The petitioner thereafter submitted an online application in No.2023/N123/21/009380 dated 13.08.2025 seeking survey of the subject property, but the same has not been considered. Hence, the petitioner has approached this Court.

4. The learned Government Advocate, who takes notice for respondents 1, 3 and 4, would submit that the application submitted by the petitioner will be considered in accordance with law.

5. In view of the above, without expressing any opinion on the merits of the matter, the respondents 3 and 4 are directed to consider the application of the petitioner dated 13.08.2025 and pass final orders on its own merits within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, the sixth respondent, neighbouring land owners and other interested parties. Accordingly, this Writ Petition is disposed of. No costs.

26.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/5

To

1. The District Collector Thanjavur District, Thanjavur.

2 The Superintendent of Police, Thanjavur District, Thanjavur.

3 The Tahsildar, Kumbakonam Taluk, Thanjavur District.

4 The Taluk Surveyor, Kumbakonam Taluk, Thanjavur District.

5 The Inspector of Police, Nachiyarkovil Police Station, Thanjavur District.

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S.SOUNTHAR, J.

skn Writ Petition(MD)No.23035 of 2025 26.08.2025 5/5