Rajamani, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.21083 of 2018 Rajamani ... Petitioner versus

1. The District Collector, Theni District, Theni.

2. The Thasildar, Aandipatti Taluk, Theni District.

3. The Head Surveyor, Aandipatti Taluk, Taluk Office, Andipatti, Theni District.

4. Logamani

5. Rengasamy Naicker

6. Murugan 1/5

7. Perumal

8. Lakshmi

9. Veluchamy

10. Sarasu ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to forbear the 2nd and 3rd respondents from surveying the petitioner's properties in S.No.604 of Theppampatti Village, Aandipatti Taluk, Theni District and fix boundaries for the same and also consequently, direct them not to make any changes in revenue records such as Patta, Chitta in regard to the above mentioned properties till disposal of the suit in O.S.No.158 of 2018 on the file of the District Munsif Court, Aandipatti. For Petitioners : Mr.S.Sukumar For R1 to R3 : Mr.A.Baskaran, Additional Government Pleader

ORDER

This writ petition has been filed to forbear the 2nd and 3rd respondents from surveying the petitioner's properties in S.No.604 of Theppampatti Village, Aandipatti Taluk, Theni District and fix 2/5

boundaries for the same and direct them not to make any changes in revenue records, till the disposal of the suit in O.S.No.158 of 2018 on the file of the District Munsif Court, Aandipatti.

2. The learned Additional Government Pleader appearing for the respondents 1 to 3 submits that the respondents 4 to 10 have submitted an application before the respondents for surveying the land. By referring to the pendency of the suit in O.S.No.158 of 2018 filed by the petitioner in respect of the subject property, survey was not conducted. Now, the suit has been dismissed by the District Munsif Court, Andipatti on 12.12.2019.

3. In view of the dismissal of the suit in O.S.No.158 of 2018, there is no impediment for the official respondents to proceed with the survey. If the petitioner is having any objection for surveying the land, he can very well submit his objection. The respondents 2 and 3 shall consider the petitioner's objections if any and complete the survey 3/5

process within a period of four weeks from the date of receipt of a copy of this order.

4. Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 31.01.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The District Collector, Theni District, Theni.

2. The Thasildar, Aandipatti Taluk, Theni District.

3. The Head Surveyor, Aandipatti Taluk, Taluk Office, Andipatti, Theni District.

4/5

B.PUGALENDHI, J.

ogy 31.01.2024 5/5