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Madras High CourtWP(MD)/36858/2025closed

Lakshmi G v. The Tahsildar,

2025-12-26Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.12.2025

CORAM

THE HONOURABLE Ms.JUSTICE R.POORNIMA W.P.(MD)No.36858 of 2025 and WMP(MD) Nos.29300 and 29301 of 2025 Lakshmi G W/o.Gurusamy T.Athikarai Sakkudi Post Thiruppuvanam Taluk Sivagangai District.

Petitioner(s) Vs

1. The Tahsildar, Thirupuvanam Taluk Office Sivagangai District.

2. The Head Surveyor Thirupuvanam Taluk Office Sivagangai District.

3. R.Arichandran S/o.Rathinam No.456 T.Athikarai Village Sakkudi Post Thirupuvanam Taluk Sivagangai District.

Respondent(s) Prayer:Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, by calling for the records relating to the notice dated 06.10.2025 signed on 1/6

16.12.2025 issued by the 1st respondent and to quash the same and consequently direct the 1st respondent to consider the objections of the petitioner.

For Petitioner :Mrs.P.Jessi Jeeva Priya For Respondents :Mr.G.Suryananth for R1 and R2 Addl. Government Pleader Mr.M.Ganesan for R3

O R D E R

This writ petition has been filed challenging the impugned notice notice of the 1st respondent dated 06.10.2025 (signed on 16.12.2025) and for a consequential direction to the 1st respondent to consider the objections of the petitioner.

2. Heard the learned counsel for the petitioner, learned Additional Government Pleader for the respondents 1 and 2 and the learned counsel appearing for the third respondent. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

3. According to the petitioner, an extent of 4 cents belongs to one Irulappan Servai and his wife Ponnupillai. The petitioner's sister one 2/6

Rakkammal purchased the said property to an extent of 4 cents under sale deed dated 14.05.1980. Subsequently by way of oral partition, it was devolved upon the petitioner herein and since then, the petitioner is in possession and enjoyment of the said property. While so, the impugned notice dated 18.12.2025 came to be served on the petitioner and others stating that survey will be conducted on 26.12.2025 at 10.00 a.m. and if any objections by anyone, the same be produced on 26.12.2025. Challenging the said notice, the petitioner is before this Court.

4. The learned counsel for the petitioner would submit that earlier, the petitioner filed WP(MD) No.34491/2025 before this Court, wherein, a direction was issued to survey the land in S.No.67/2 after issuing notice and on considering the objections, if any. It is stated that the notice was issued without any jurisdiction and hence, the same is liable to be set aside.

5. It is stated by the learned counsel for the 3rd respondent that a suit in OS No.1/2023 has been instituted by the 3rd respondent, wherein, the petitioner has been arrayed as 15th defendant and the suit was decreed exparte on 11.07.2025 and the sale deed dated 14.05.2025 was declared 3/6

as null and void and an injunction was granted in favour of the 3rd respondent. The gist of the notice is that the survey will be conducted calling upon objections, if any. It is further stated that the petitioner has no locus to claim any right over the 40 cents of land and she can claim interest only for four cents of land.

5. The learned Additional Government Pleader appearing for the official respondents submits that as per the directions of this Court, survey is ordered to be conducted to ascertain the extent of land belonging to the 3rd respondent and notice has already been issued to the adjacent land owners.

6. It is seen that the petitioner has already lost her right before the civil Court and the petitioner has no locus to claim right over the 40 cents of land. The notice was issued only to survey the land at the instance of the 3rd respondent. Therefore, she is at liberty to appear before the authorities while conducting survey and file her objections, if any. 4/6

7. With the aforesaid observations, the writ petition stands disposed of. No costs. Consequently connected Miscellaneous Petitions are closed.

26.12.2025 NCC :Yes/No Index :Yes/No RR To

1. The Tahsildar, Thirupuvanam Taluk Office Sivagangai District.

2. The Head Surveyor Thirupuvanam Taluk Office Sivagangai District.

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R.POORNIMA, J.

RR W.P.(MD)No.36858 of 2025 26.12.2025 6/6