S.Thayammal Vs The District Collector

Prayer:- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the fifth respondent to conduct the survey in the property situate at Rajakambeeram Village, Madurai East Taluk, Madurai District, Natham Survey No. 49/2A Part, Natham Patta No. 785 in New Survey No. 49/11 to an extent of 0.01 ares with RCC House with ground floor and first floor with measurement of east to west 32 feet and north-south 34 feet to an extent of 1088 sq.ft., based on the petitioner's representation dated 1.7.2025 and subsequently directing the 4th respondent to provide adequate police protection to the fifth respondent to conduct the survey.

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For Petitioner : Mr.V.Baskaran

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For R1, R3 and R5 : Mrs.K.Malathi Additional Government Pleader

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For R2 and R4 : Mr.M.Vaikkam Karunanithi Government Advocate (crl.side)

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ORDER

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The petitioner herein seeks a direction to the fifth respondent to conduct survey of the property situated in Natham Survey No. 49/2A

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Page 2 of 6

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

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W.P.(MD) No.20616 of 2025

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Part, New Survey No. 49/11, Rajakambeeram Village, Madurai East Taluk, Madurai District, by considering her representation dated 01.7.2025.

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2.Heard the arguments of Mr.V.Baskaran, learned counsel appearing for the petitioner, Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents 1, 3 and 5 and Mr.M.Vaikkam Karunanithi, learned Government Advocate (crl.side) appearing for the respondents 2 and 4. Since no adverse order is passed against the respondents 6 and 7, notice to them is dispensed with.

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By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

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4.The petitioner claims right over the subejct property under a gift deed dated 18.08.2021. The patta for the subject propety stands in the name of the petitioner in Patta No. 785. She submitted an application befoe the first respondent on 26.12.2024 seeking survey of the subject property. The same has not been considered. Hence, the petitioner

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

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W.P.(MD) No.20616 of 2025

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submitted a representation dated 01.07.2025 reiterating her request for conducting the survey and the same has not been considered. Hence, the petitioner has come before this Court.

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5.The learned Additional Government Pleader appearing for the respondents 1, 3 and 5 would submit that the application of the petitioner will be considered in accordance with law.

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6.In view of the same, without expressing any opinion on the merits of the matter, the respondents 3 and 5 are directed to consider the application of the petitioner dated 26.12.2024 and pass final orders on its own merits within a period of eight weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, private respondents 6 and 7, neighbouring land owners and other interested parties. Accordingly, this Writ Petition is disposed of. No costs.

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29.07.2025

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NCC : Yes/No Index : Yes/No Internet : Yes/No cp

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

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W.P.(MD) No.20616 of 2025

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To