High Court · 2025

W.P.No.25381 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 15.07.2025 CORAMTHE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQW.P.No.25381 of 2025andW.M.P.No.28585 of 2025Chandrika Krishnan,W/o.Andre Vizlot ... PetitionerVs.1.The District Collector, Villupuram District, Villupuram.2.The Revenue Divisional Officer, Vanur Taluk, Villupuram.3.The Tahsilthar, Vanur Taluk, Villupuram.4.Revathy @ Chinna Ponnu, W/o.Lakshmi Narayanan... RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, forbearing the respondents 1 to 3 from surveying the property comprised in R.S.No.158/1 and R.S.No.158/2 in Irumbai 1/8 https://www.mhc.tn.gov.in/judis W.P.No.25381 of 2025Revenue Village, Vanur Taluk, Tindivanam on the instance of the 4th respondent or/and his members of the family who had been causing continuous interference in the enjoyment of the said property by the petitioner without valid Title and Possession over the said property.For Petitioner : Mr.V.BalamuruganFor Respondents : For R1 to R3 : Mr.P.Sathish Additional Government Pleader ORDERBy consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 4th respondent is dispensed with. 2. The present writ petition is filed for a writ of mandamus, to forbear the respondents 1 to 3 from surveying the property comprised in R.S.No.158/1 and R.S.No.158/2 in Irumbai Revenue Village, Vanur Taluk, Villupuram District on the basis of the application made by the 4th respondent. 3. It is submitted by the learned counsel for the petitioner that the petitioner and her daughter are the absolute owners of the property comprised in 2/8 https://www.mhc.tn.gov.in/judis W.P.No.25381 of 2025R.S.No.158/1 and R.S.No.158/2, measuring about 1 Acre 30 Cents, situated at Irumbai Revenue Village, Vanur Taluk, Villupuram District. The petitioner purchased the subject property from M/s.Pragati Computers Private Limited, Pondicherry by virtue of a Sale Deed dated 05.12.1995 registered as Doc.No.3116 of 1995 on the file of the Sub-Registrar, Vanur. 4. It is further submitted that the petitioner is a registered holder of the subject property in terms of Section 3(v) of the Tamil Nadu Survey and Boundaries Act, 1923 (Tamil Nadu Act No.VIII of 1923) by virtue of the fact that she purchased the said property vide a registered Sale Deed and as on date the petitioner and her daughter are in peaceful possession and enjoyment of the same.5. It is further submitted by the learned counsel for the petitioner that the above R.S.No.158/1 and R.S.No.158/2 covers a larger extent of land about more than 1 Acre. It is submitted that a portion of the said property was sold to the 4th respondent vide Sale Deed dated 26.12.2007 registered as Doc.No.7940 of 2007. However, later, the above Sale Deed was cancelled vide Cancellation Deed dated 18.01.2008 bearing Doc.No.207 of 2008. It is stated that the 4th respondent may not have any right or interest over the subject property which was purchased by the 3/8 https://www.mhc.tn.gov.in/judis W.P.No.25381 of 2025petitioner vide a Sale Deed dated 05.12.1995 registered as Doc.No.3116 of 1995. But the 4th respondent is interfering with the petitioner's possession and enjoyment over the subject property. 6. It is stated that the petitioner has given her property measuring about 1 Acre 30 Cents comprised in R.S.No.158/1 and R.S.No.158/2, on lease to one Sagaya Mary, who in turn, in her capacity as a lessee, has filed a suit in O.S.No.17 of 2025. The 4th respondent had also submitted an application, seeking to conduct a survey over the subject property. 7. The 3rd respondent, vide his proceedings dated 12.02.2025, rejected the request of the 4th respondent. Relevant portion is extracted hereunder:-“gpd;g[ 13/01/2025 md;W fhiy 11/00 kzpastpy; ,Uk;ig fpuhk eph;thf mYtyh; mYtyfj;jpy; midtUk; M$uhfpdh;/ mjpy; vjph;kDjhuuhd jpUkjp/gphpajh;c&pdp. f-bg/fy;ahzRe;juk; rhh;gpy; nkw;fhQqk; g[y vz;fis msf;f Tlhbjd;Wk;. nkw;go brhj;J bjhlh;ghf kDjhuh;fshd jpU/uhn$c&; Fkhh;. j-bg/yl;Rkpehuhazd; (1) bry;tp/nutjp (v) rpd;dg;bghd;D (2) MfpnahUf;Fk; v';fSf;Fk; brhj;J chpik bjhlh;ghf nkd;ikkpF Kjd;ik khtl;l ePjpkd;wk;. tpGg;g[uk; tHf;F vz;/ O.S.No.09/2025?d;go tHf;F cs;sbjd;Wk;. mjdhy; nkw;go mst[g;gzp bra;a ntz;lhk; vd;Wk; Ml;nrgid kD 4/8 https://www.mhc.tn.gov.in/judis W.P.No.25381 of 2025xd;wpid neuoahf tHf;fwp"h; K:yk; vGj;Jg;g{h;tkhf bjhptpf;fg;gl;lJ/ nkYk; Vw;bfdnt. 06/12/2024?md;W tl;lhr;rpah; mYtyfj;jpw;F Ml;nrgid kD xd;wpid jpU/brapz;l; Hhf; Md;nHyh rfhankhp. f-bg/gtpj;jpuh vd;gth; mspj;Js;shh;/ vdnt. nkw;go g[yvz;fspy; kDjhuUf;Fk; vjph;kDjhuUf;Fk; brhj;J chpik bjhlh;ghf ePjpkd;w tHf;F epYitapy; ,Ug;gjhy; kDjhuUf;F nkw;go g[y vz;fis mse;Jfhl;l ,ayhj R{H;epiy cs;sJ vd bjhptpj;Jk;. gpd;tUk; fhy';fspy; ePjpkd;w tHf;F jPh;g;gpd;go chpa eltof;if nkw;bfhs;sg;gLk; vd;Wk; nkw;go egh;fSf;F jfty; bjhptpf;fg;gLfpwJ/ vdnt. ghh;itapy; fhQqk; nkw;fz;l kDf;fs; ,j;Jld; Koj;Jitf;fg;gLfpwJ vd;w jfty; ,jd; tHp bjhptpf;fg;gLfpwJ/”8. However, again the 4th respondent has now taken out a fresh application to survey the subject property. It is submitted by the learned counsel for the petitioner that, if permission be given for conducting survey over the subject property, it would interfere with petitioner's peaceful possession. 9. Per contra, at the outset, it is submitted by the learned Additional Government Pleader for the 1st to 3rd respondents that the objection if any filed by the petitioner, the same would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.5/8 https://www.mhc.tn.gov.in/judis W.P.No.25381 of 202510. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the 3rd respondent, to consider the objection if any filed by the petitioner, in case any application for survey is taken out by the 4th respondent to survey the subject property, the same would also be considered.11. It is open to the petitioner to place reliance on any order/documents in support of her objections, if any, for conducting survey over the subject property. If any such objection is made, the same would be considered while considering the application if any being made by the 4th respondent for conducting survey over the subject property. 12. Accordingly, the 3rd respondent is directed to consider the objection if any being made by the petitioner on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, the 4th respondent herein, adjacent land owners and any other interested persons/stake holders, within a period of twelve (12) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed 6/8 https://www.mhc.tn.gov.in/judis W.P.No.25381 of 2025any views with regard to the merits of the matter and it is open to the 3rd respondent to consider the matter on its own merits and in accordance with law.13. This Writ Petition, is thus, disposed of. No costs. Connected miscellaneous petition is closed. 15.07.2025 Speaking (or) Non Speaking OrderNeutral Citation : Yes / NoarbTo1.The District Collector, Villupuram District, Villupuram.2.The Revenue Divisional Officer, Vanur Taluk, Villupuram.3.The Tahsilthar, Vanur Taluk, Villupuram.7/8 https://www.mhc.tn.gov.in/judis W.P.No.25381 of 2025MOHAMMED SHAFFIQ, J.arbW.P.No.25381 of 2025andW.M.P.No.28585 of 202515.07.2025 8/8