Mathan Chakravarthi Vs The District Collector

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents herein, their men, agents and servant from carrying out survey operations pursuant to survey Notice No.

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W.P.(MD)No.1823 of 2026

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2025/0123/24/018086 in respect of lands comprised in Survey No.635/3 and 635/4 till the pending of civil suit in O.S.No.145 of 2025 on the file of the District Munsif Court, Usilampatti by considering the petitioner's representation or objection made by the petitioner in person before the fourth respondent dated 07.01.2026 within stipulated time by this Court.

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For Petitioner : Mrs.A.Banumathy For R1 to R4 : Mr.B.Ramanathan Additional Government Pleader For R5 : Mr.S.Vijayakumar

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ORDER

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This Writ Petition has been filed seeking issuance of a Writ of Mandamus, forbearing the respondents herein, their men, agents, and servants from carrying out survey operations pursuant to Survey Notice No.2025/0123/24/018086 in respect of the lands comprised in Survey Nos.635/3 and 635/4, pending disposal of the civil suit in O.S.No.145 of 2025, on the file of the District Munsif Court, Usilampatti, by considering the petitioner’s representation/objection submitted in person before the fourth respondent on 07.01.2026, within such time as may be stipulated by this Court.

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W.P.(MD)No.1823 of 2026

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

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3 . The learned counsel appearing for the petitioner would submit that the petitioner is the absolute owner and is in lawful possession and enjoyment of the subject property. It is contended that in view of the pendency of the civil suit in O.S.No.145 of 2025 before the District Munsif Court, Usilampatti, the respondents ought to be restrained from proceeding with the survey pursuant to Survey Notice No.2025/0123/24/018086. The learned counsel further submits that the petitioner has already submitted his objection in person before the fourth respondent on 07.01.2026 and seeks consideration of the same before any further action is taken.

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4 . The learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that pursuant to the order dated 17.10.2025 passed by this Court in W.P.(MD)No.29506 of 2025, filed by the fifth respondent herein, the third respondent / Tahsildar was directed to conduct an enquiry in respect of the fifth respondent’s application for survey of the lands in Survey Nos.

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W.P.(MD)No.1823 of 2026

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635/3 and 635/4, after issuing notice to all the pattadars under Patta Nos.3754 and 4766, and to pass a speaking order within a period of three months from the date of receipt of a copy of the said order. In compliance with the said direction, notice was issued to the petitioner.

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5 . Since the proposed survey is being undertaken pursuant to the specific directions issued by this Court, the question of stalling the survey does not arise. However, as already directed by this Court, all interested parties shall be put on notice, their objections shall be duly considered, and a reasoned speaking order shall be passed either way in accordance with law during the process of enquiry.

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6 . With the above observations, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

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NCC : Yes / No ( K.SURENDER, J .) Index : Yes / No 27.01.2026 smn2 To:-

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1.The District Collector, Madurai District.

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W.P.(MD)No.1823 of 2026