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Madras High CourtWP(MD)/687/2026disposed of

A.Manimuthu v. The District Collector

2026-01-09Honourable Mr.Justice K. Surender6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER A.Manimuthu ... Petitioner Vs.

1.The District Collector, Office of the Collectorate Building, 2.The Tahsildar, Thiruppuvanam Taluk, 3.The Inspector of Survey, Department of Land Survey, Collectorate Building, 4.Ganesan 5.Rajeshwari ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus forbearing the first to third respondents from survey the land in connection with Survey Nos.111/7B1 and 111/8 at Thiruppachethy South Village, Thiruppuvanam Taluk, Sivagangai District based on the connected issues pending before the Page No. 1 of 6

District Munsif, Thiruppuvanam, Sivagangai District in O.S.No.16 of 2021 by considering the petitioner's representation dated 29.11.2025. For Petitioner : Mr.D.S.Haroon Rasheed For R1 to R3 : Mr.P.Subbaraj Special Government Pleader For R4 & R5 : Mr.D.Senthil

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus forbearing the first to third respondents from surveying the land in connection with Survey Nos.111/7B1 and 111/8, situated at Thiruppachethy South Village, Thiruppuvanam Taluk, Sivagangai District, in view of the connected issues pending before the District Munsif Court, Thiruppuvanam, Sivagangai District, in O.S. No.16 of 2021, by considering the petitioner's representation dated 29.11.2025.

2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The grievance of the petitioner is that the second respondent, Tahsildar, who issued notice for survey, is present in person to conduct Page No. 2 of 6

the survey today. The learned counsel for the petitioner would submit that several civil disputes are pending in O.S.No.16 of 2021 before the District Munsif Court, Thiruppuvanam, Sivagangai District; that despite the pendency of the said suit, the private respondents have sought a survey of the land; and that the second respondent, without considering the petitioner's version, is proceeding with the survey.

4. The learned Special Government Pleader appearing for the first to third respondents would submit that the fifth respondent had filed W.P. (MD) No.29103 of 2022 seeking a direction to survey and demarcate the boundaries; that this Court, by an order dated 23.12.2022, directed the survey; that thereafter, since the fifth respondent had filed a Contempt Petition in Cont.P.(MD) No.1620 of 2023, the second respondent issued a survey notice dated 26.11.2025, pursuant to which the contempt petition was closed; that the petitioner, without challenging the said order dated 23.12.2022, has filed several writ petitions whenever the officials took steps to conduct the survey; and that in the event of an order of this Court, it is the bounden duty of the officials to comply with the same. Page No. 3 of 6

5. In view of the above submissions, this Court is of the view that when an order of a Court has neither been stayed nor set aside, it is the bounden duty of the officials to comply with the same. Since the petitioner has been issued with a notice for survey, all objections raised by the petitioner shall form part of the proceedings to be undertaken by the second respondent, Tahsildar. However, it is made clear that if any civil suit is pending, as stated by the petitioner, the further proceedings shall be subject to the outcome of the said civil proceedings.

6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

[K.SURENDER, J.] 09.01.2026 JEN Index : Yes / No To 1.The District Collector, Office of the Collectorate Building, 2.The Tahsildar, Thiruppuvanam Taluk, Page No. 4 of 6

3.The Inspector of Survey, Department of Land Survey, Collectorate Building, Page No. 5 of 6

K.SURENDER , J.

JEN 09.01.2026 Page No. 6 of 6