Sekar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and WMP (MD) No.23142 of 2025

1. Sekar

2. Muthu Prakash

3. Manoharan ... Petitioner(s) Vs.

1. The District Collector, Collectorate, Dindigul District.

2. The District Revenue Officer, Dindigul District.

3. The Tahsildar, Vedasandur Taluk Dindigul District.

4. Rajendran ... Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the respondents from conducting survey in respect of the property in Survey No. 279/1 Sithuvarpatti Village, Vedasandur Taluk, Dindigul District. 1/5

For Petitioner :Mr. T.A. Ebenezer For Respondent :Mr.P.Subbaraj Spl. Government Pleader for R1 to R3 Mr.S.Ram Sundarvijayraj for R4

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus, forbearing the respondents from conducting survey in respect of the property in Survey No. 279/1 Sithuvarpatti Village, Vedasandur Taluk, Dindigul District.

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

3. The learned counsel for the petitioner submits that though he has filed a suit for permanent injunction against the fourth respondent, the authorities are proceeding with the survey on the basis of an application made by the fourth respondent.

4. The learned counsel for the fourth respondent submits that a suit pertaining to the subject property is already pending. 2/5

5. The learned Special Government Pleader appearing for respondents 1 to 3 submits that since the fourth respondent has submitted a petition seeking survey, the authorities will deal with the same and pass appropriate orders in accordance with law.

6. In view of the submissions made and taking note of the fact that the parties have already approached the civil court, it is for the civil court to decide the rights of the parties.

7. Both the petitioner and the fourth respondent have admitted that the suit is pending adjudication. Therefore, the factual issues and rival claims are to be decided by the competent civil court. However, once a representation is made before the revenue authorities, it is for them to dispose of the same on merits. Accordingly, without expressing any opinion on the merits of the matter, this writ petition is disposed of with a direction to the third respondent to consider the representation made by the fourth respondent on merits and in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order.

8. Such representation shall be considered and disposed of after 3/5

conducting an inquiry. All the objections raised by the petitioner, including the pendency of the civil suit, shall be taken into consideration during the inquiry and a reasonable opportunity shall be afforded to the petitioner, the fourth respondent, and all other persons who may be affected by such decision. In the event of any issues pertaining to land disputes, the parties shall approach the competent civil court. No costs. Consequently, connected miscellaneous petitions are closed. (K.SURENDER, J) 09.12.2025 NCC :Yes/No Internet :Yes/No Index :Yes/No PKN To

1. The District Collector, Collectorate, Dindigul District.

2. The District Revenue Officer, Dindigul District.

3. The Tahsildar, Vedasandur Taluk Dindigul District.

4/5

K.SURENDER, J.

PKN 09.12.2025 5/5