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Madras High CourtWP(MD)/27761/2025disposed of

P. Murugan v. The District Collector

2026-02-17Honourable Mr.Justice K. Surender6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER P. Murugan ... Petitioner(s) Vs.

1. The District Collector, Office of the District Collector, Sivagangai District.

2. The Tahsildar, Sivagangai District.

3. The Head Surveyor, Pappakudi Group, K.Penthanendal Village, Kanakkankudi Post, Sivagangai District.

4. The Village Administrative Officer, Kanakkankudi Post, Sivagangai District.

5. Selvaraj ... Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing to the 1 to 4 respondents not to take any situated at dispossessing the coercive steps for conducting survey or petitioner and his family members from his own property comprising in Survey No.8/2A of an extent of 1 Acres 42 Cents 1/6

K.Penthanendal Village, Kanakkankudi Post, Sivagangai District till the disposal of the civil suit in O.S.No.47/2024 before the learned Munsif Court, Tiruppuvanam and by considering the petitioner's representation dated 11.09.2025.

For Petitioner :Mr.M.Shakulhameed For Respondents :Mr.P.Subbaraj Spl. Government Pleader for R1 to R4 No appearance for R5

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 1 to 4 not to take any coercive steps to conduct a survey or to dispossess the petitioner and his family members from the property comprised in Survey No. 8/2A, measuring an extent of 1 Acre and 42 Cents, situated at K. Penthanendal Village, Kanakkankudi Post, Sivagangai District, until disposal of the civil suit in O.S. No. 47 of 2024 pending before the learned Munsif Court, Tiruppuvanam and to consider the petitioner's representation dated 11.09.2025.

2. Heard the learned counsel for the parties and perused the materials available on record.

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3.Pursuant to the application made by the fifth respondent, the authorities have initiated steps to survey the subject land. However, according to learned counsel for the petitioner, since civil litigation regarding the subject property is pending before the competent civil court between the petitioner and the fifth respondent, the authorities ought not to have conducted the survey.

4. Learned Special Government Pleader appearing for respondents 1 to 4 submitted that the authorities would conduct an inquiry after issuing notice to all parties concerned and appropriate orders would be passed based on the representation of the petitioner.

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 second respondent/Tahsildar to consider the petitioner's representation dated 11.09.2025 on merits and in accordance with law and to pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

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6. The representation shall be considered and disposed of after conducting an inquiry. The second respondent is further directed to afford a reasonable opportunity to the petitioner, the fifth respondent and to all other persons who may be affected by such decision during the course of the inquiry. There shall be no order as to costs. (K.SURENDER, J) 17.02.2026 NCC :Yes/No Internet :Yes/No Index :Yes/No PKN To

1. The District Collector, Office of the District Collector, Sivagangai District.

2. The Tahsildar, Sivagangai District.

3. The Head Surveyor, Pappakudi Group, K.Penthanendal Village, Kanakkankudi Post, Sivagangai District.

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4. The Village Administrative Officer, Kanakkankudi Post, Sivagangai District.

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K.SURENDER, J.

PKN 17.02.2026 6/6