Madras High CourtWP(MD)/28748/2025disposed of

Aruna Devi v. The Tahsildar

2025-10-14Honourable Mr Justice G.R.Swaminathan5 pages

1 W.P.(MD)NO.28748 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.28748 of 2025 Aruna Devi ... Petitioner Vs.

1. The Tahsildar, Srivaikundam Taluk, Thoothukudi District.

2. Arthur

3. Chelladurai ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 1st respondent from in any manner interfering with her civil dispute pertaining to the property measuring 3652 square feet comprised in Survey No.601/4B1A1, situated at Srivaikundam, Thoothukudi District, which is the subject matter of O.S.No.54 of 2024 on the file of the District Munsif Court, Srivaikundam.

For Petitioner : Mr.T.Leninkumar For R-1 : Mr.M.Gangatharan, Government Advocate.

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2 W.P.(MD)NO.28748 OF 2025

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for the first respondent.

2. Issuance of notice to the respondents 2 and 3 is dispensed with.

3. The petitioner alleges that the first respondent is interfering with her possession and enjoyment of the suit property.

4. I wanted to know from the writ petitioner, if the petitioner is having any patta in her favour. A copy of the patta was passed on. It reads as follows:- 2/5

3 W.P.(MD)NO.28748 OF 2025 It can be seen therefrom that the writ petitioner's right over the survey No.1265/20 have been recognized by the revenue. The stand of the learned Government Advocate is that survey No.1265/19 has been classified as lane. According to the authorities, their target is only survey No.1265/19 and not survey No.1265/20. The petitioner's counsel wanted to argue further by contending that the petitioner's right over 3 ares of land has also been recognized. The 3/5

4 W.P.(MD)NO.28748 OF 2025 issue relating to extent cannot be gone into by me. It may have to be considered only by the jurisdictional civil Court. The petitioner has already filed O.S.No.54 of 2024 before the District Munsif Court, Srivaikundam. The petitioner is at liberty to canvass the claim therein. The petitioner can as well implead the Tahsildar, Srivaikundam in the pending suit and work out her right in the manner known to law. The first respondent should adhere to due process of law while dealing with the writ petitioner. The merits of the matter have not been gone into. Recording the stand of the first respondent, this writ petition stands disposed of. No costs. 14.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

The Tahsildar, Srivaikundam Taluk, Thoothukudi District.

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5 W.P.(MD)NO.28748 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.28748 of 2025 14.10.2025 5/5