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Fathimasasikala v. the District Collector

Madras HC6 Mar 2025WP/3710/2025

Case brief

AI extract

What is this about?

Madras High Court, decided 06.03.2025; W.P.No.3710 of 2025 (N. Anand Venkatesh, J.); writ of mandamus; restraint on survey by Tahsildar, Panruti of Old Survey No.145/2K2 (30 cents), Sathipattu Firgasathipattu Village, Panruti Taluk; pending suit O.S.No.66 of 2013, District Munsif Court, Panruti; related petition W.P.No.37599 of 2024 by Motcharakkini Mary disposed 17.12.2024 with notice-and-enquiry directions; Additional Government Pleader M.R.GokulKrishnan submission adopted; petition disposed, no costs; Article 226 Constitution of India.

What did the court decide?

Writ petition disposed of, recording the Additional Government Pleader's submission that, given the pendency of O.S.No.66 of 2013, the 3rd respondent has decided not to conduct the survey and will convey this decision to the 5th respondent; no costs awarded. ¶29

Fathimasasikala Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the 3rd respondent (Tahsildar, Panruti) not to survey the subject property (Old Survey No.145/2K2, 30 cents, Sathipattu Firgasathipattu Village, Panruti Taluk) in view of the pendency of suit O.S.No.66 of 2013 before the District Munsif Court, Panruti.

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Court's answer

Considering that the suit O.S.No.66 of 2013 is pending between the parties, the 3rd respondent (Tahsildar, Panruti) has taken a decision not to conduct a survey of the subject property, and that decision will be conveyed to the 5th respondent; the Additional Government Pleader so submitted on instructions and the Court recorded it.

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Ratio / Principle

Recording the above submission of the learned Additional Government Pleader, the writ petition stands disposed of, with no costs.

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Detailed headnote1 paragraphs

Writ of mandamus under Article 226 sought by petitioner Fathimasasikala directing the Tahsildar, Panruti (3rd respondent) not to survey land in Old Survey No.145/2K2, 30 cents, Sathipattu Firgasathipattu Village, Panruti Taluk, being the subject matter of pending suit O.S.No.66 of 2013 (District Munsif Court, Panruti), till its disposal. The 5th respondent (Motcharakkini Mary) had earlier obtained disposal of her own survey petition W.P.No.37599 of 2024 by order dated 17.12.2024, with directions to notify adjacent owners, hold an enquiry and decide her survey request. At hearing, the Additional Government Pleader submitted on instructions that, the suit being pending between the parties, the 3rd respondent had decided not to conduct the survey and would convey the decision to the 5th respondent. Recording this submission, N. Anand Venkatesh, J. disposed of the writ petition without costs.

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W.P.No.3710 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

W.P.No.3710 of 2025

Fathimasasikala

.. Petitioner

Vs.

1.The District Collector, Cuddalore District, Cuddalore.

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2.The Revenue Divisional Officer, Cuddalore District, Cuddalore.

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3.The Tahsildar, Panruti, Cuddalore District.

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4.The Surveyer, Panruti, Cuddalore District.

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5.Motcharakkini Mary .. Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the 3^rd respondent not to survey the land situated at Old Survey No.145/2K2 to the extent of 30

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https://www.mhc.tn.gov.in/judis 1/5

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W.P.No.3710 of 2025

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cents at Sathipattu Firgasathipattu Village, Panruti Taluk which is the subject matter of the suit filed as O.S.No.66 of 2013 pending on the file of the District Munsif Court, Panruti, till the disposal of the suit.

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(Prayer amended as per order of this Court dated 27.02.20215 in W.M.P.No.6045 of 2025 in W.P.No.3710 of 2025)

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For Petitioner : Mr.K.Vijayakumar For RR 1 to 4 : Mr.M.R.GokulKrishnan Additional Government Pleader

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O R D E R

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This writ petition has been filed for the issue of writ of mandamus

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directing the 3^rd respondent not to survey the subject property in view of the pendency of the suit in O.S.No.66 of 2013 on the file of the District Munsif Court, Panruti.

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2.When the matter was taken up for hearing today, the learned Additional Government Pleader on instructions submitted that the 5^th respondent had approached this Court and filed W.P.No.37599 of 2024 seeking for the survey of the subject property. This Court disposed of the writ petition by order dated 17.12.2024. Based on the same, this Court directed the respondents to issue notice to all the adjacent land owners

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https://www.mhc.tn.gov.in/judis 2/5

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W.P.No.3710 of 2025

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and other interested parties and hold an enquiry and thereafter decide on the request made by the 5^th respondent seeking for the survey of the subject property. The learned Additional Government Pleader submitted that considering the fact that the suit is pending between the parties, the 3^rd respondent has taken a decision not to conduct a survey in the subject property. He further submitted that the decision taken by the 3^rd respondent will be conveyed to the 5^th respondent.

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