P.Nallathambi Alias Parthiban 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.24014 of 2025 W.P.(MD). No.30818 of 2025 P.Nallathambi Alias Parthiban ... Petitioner(s) Vs.

1. The District Collector, O/o District Collector, Madurai District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Usilampatti.

3. The Revenue Tahsildar, Usilampatti Taluk, Madurai District.

4. The Deputy Tahsildar, Usilampatti Taluk, Madurai District.

5. The Assistant Director of Survey, Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Y. Othakadai, Madurai 625 107.

6. The Taluk Surveyor, O/o. Taluk Surveyor, 1/8

Usilampatti Taluk,

7. Deivaraman

8. M.Anusuya ... Respondent(s) (R8 impleaded vide order of this Court dated 19.11.2025) PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the respondents no.1 to 6 and his men, subordinates from conducting survey and fixing of boundaries in respect of the land in Survey No.54/5B, situated at 48 AyyanMettupatti Village, Usilampatti Taluk, Madurai District till the disposal of the appeal in 4918 of 2025 on the file of the 2nd Respondent, on the basis of the Petitioner`s representation dated 24.10.2025. For Petitioner :Mr.M.Veerachamy For Respondent :Mr.P.Subbaraj Spl. Government Pleader for R1 to R6 Mr.S.Ram Sundar Vijayraj for R8 W.P.(MD) No.32753 of 2025 M.Anusuya ... Petitioner(s) Vs.

1. The District Collector, O/o District Collector, Madurai District.

2. The Revenue Divisional Officer, O/o. the Revenue Divisional Office, Usilampatti.

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3. The Tahsildar, Usilampatti Taluk, Madurai District.

4. The Taluk Surveyor, O/o. Taluk Surveyor, Usilampatti Taluk,

5. The Inspector of Police, Uthappanayakanur Police Station, Usilampatti, Madurai District.

... Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st to 4th respondents to survey the land in Survey No. 54/5B in Ayyanmettupatti village, Usilampatti Taluk, Madurai District based upon Application.No. 2025/ 0123/24/020025 dated 12.09.2025.

For Petitioner :Mr.S.Ram Sundar Vijayraj For Respondent :Mr.P.Subbaraj Spl. Government Pleader for R1 to R4 Mr.S.Prakash Government Advocate (Crl. side) for R5 COMMON ORDER These writ petitions have been filed seeking issuance of a Writ of Mandamus, one petition praying to forbear the respondents from conducting a survey and the other seeking a direction to conduct a survey, relating to the land comprised in Survey No.51/5B, situated in Ayyan Mettupatti Village, Usilampatti Taluk, Madurai District. 3/8

2. Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the official respondents.

3. Both petitioners have submitted separate representations before the authorities, one seeking a direction to conduct a survey and the other seeking to forbear the survey in respect of the very same land. They therefore seek appropriate orders on their respective representations after affording an opportunity of hearing to all concerned.

4. Upon considering the nature of the reliefs sought in both writ petitions, this Court finds that the grievance of the petitioners pertains to the very same property in Survey No.51/5B, Ayyan Mettupatti Village, Madurai District. Though their prayers are mutually inconsistent, one petitioner seeks to forbear the authorities from conducting the survey, while the other seeks a direction to conduct the survey, it is not for this Court, in the writ jurisdiction, to undertake a factual adjudication of rival claims or disputed measurements, particularly when the petitioners themselves have already submitted separate representations before the competent revenue authority.

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5. It is also brought to the notice of this Court that an appeal in Application No.2025/0123/24/020025, dated 12.09.2025 is pending before the Revenue Divisional Officer.

6. However, since the representations submitted by the petitioners are pending before the revenue authorities and considering the overall facts and circumstances of the case, this Court directs the third respondent/Tahsildar to consider and dispose of the representations submitted by the petitioners on 14.10.2025 and 22.10.2025 respectively. While doing so, the Tahsildar shall take note of the pendency of the aforesaid appeal before the Revenue Divisional Officer.

7. The Tahsildar shall also issue notice to the petitioners and to all other persons who may be interested in the subject land, afford them an opportunity to place their objections, record such objections and thereafter pass a reasoned order on merits and in accordance with law. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

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8. With the above obsevations, these writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petition is closed. (K.SURENDER, J) 09.12.2025 NCC :Yes/No Internet :Yes/No Index :Yes/No PKN To

1. The District Collector, O/o District Collector, Madurai District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Usilampatti.

3. The Revenue Tahsildar, Usilampatti Taluk, Madurai District.

4. The Deputy Tahsildar, Usilampatti Taluk, Madurai District.

5. The Assistant Director of Survey, Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Y. Othakadai, Madurai 625 107.

6. The Taluk Surveyor, O/o. Taluk Surveyor, Usilampatti Taluk, 6/8

7. The Inspector of Police, Uthappanayakanur Police Station, Usilampatti, Madurai District 7/8

K.SURENDER, J.

PKN 09.12.2025 8/8