Palaniammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.09.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.(MD) No.20779 of 2025 Palaniammal ... Petitioner Vs

1. The District Collector,

2. The Assistant Director, Land Survey and Records Department,

3. The Tahsildar, Tahsildar Office, Oddanchatram Taluk,

4. The Head Surveyor, Tahsildar Office, Oddanchatram Taluk,

5. Sathiyan ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned Notice in Na.Ka.No. 44/2025/S issued by the third respondent and quash the same and consequentially, restrain the third respondent from conducting any survey in future during the pendency of the dispute subject property before the civil court.

For Petitioner : Mr. S.Kishore Kumar For Respondents : Mr.K.R.Badurus Zaman Government Advocate for R1 to R4

O R D E R

By this Writ Petition, the petitioner challenges a survey notice issued at the instance of the fifth respondent. The survey was scheduled on 08.09.2025 as per the said notice.

2. Learned counsel for the petitioner submits that a civil suit is pending and that the petitioner is objecting to the survey on that ground.

3. Learned Government Advocate accepts notice on behalf of respondents 1 to 4. He submits that the petitioner's objections would be considered before a decision is taken.

2/5

4. The third and fourth respondents shall consider the objections of the petitioner before taking a decision with regard to the survey. On that basis, if it is found that the dispute relates to title, the survey shall not be proceeded with. On the other hand, if the dispute relates to boundaries, the third and fourth respondents may take a decision thereon after providing a reasonable opportunity to the petitioner and the fifth respondent. This process shall be concluded within a period of twelve

(12) weeks from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of on these terms without any order as to costs. Consequently, connected miscellaneous petition is closed.

NCS : Yes/No 26.09.2025 Index : Yes / No Internet : Yes / No apd To

1. The District Collector, 3/5

2. The Assistant Director, Land Survey and Records Department,

3. The Tahsildar, Tahsildar Office, Oddanchatram Taluk,

4. The Head Surveyor, Tahsildar Office, Oddanchatram Taluk, 4/5

SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN 26.09.2025 5/5