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BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
S.Sounthar - J
Manimuthu – Appellant
Versus
District Collector – Respondent
| Table of Content |
|---|
| 1. ownership dispute and pending civil suits. (Para 1 , 3) |
| 2. court's directions for conducting land surveys. (Para 4) |
| 3. arguments on the validity of the survey. (Para 5 , 6) |
| 4. importance of resolution in civil court. (Para 7 , 8) |
| 5. order for the dismissal of writ petition. (Para 9) |
ORDER :
S. Sounthar, J.
This Writ Petition is filed seeking issuance of Writ of Mandamus forbearing the respondents 1 to 3 to survey of the land situate in S.No. 111/6C with an extent of 5 cents in Thiruppachethy South Village, Thiruppuvanam Taluk, Sivagangai District.
2. Heard the arguments of Mr.D.S.Haroon Rasheed, learned counsel for the petitioner, Mr.A.Baskaran, learned Additional Government Pleader appearing for respondents 1 to 3 and Mr.D.Senthil, learned counsel appearing for respondents 4 and 5.
3. According to the petitioner, the above mentioned property belonged to his father Angusamy Servai. He died leaving behind his five children viz., the petitioner, 4th respondent Ganesan, Mohan, Gunasekaran and Jeyaraman as his legal heirs. After demise of petitioner's father, a dispute arose between the fourth respondent and other children of Angusamy Servai. According to the petitioner, the
Land disputes arising from inheritance and property claims must be resolved within civil courts rather than administrative surveys when civil suits are pending.
The authority must consider representations regarding property surveys when a civil suit is pending.
Authorities must conduct inquiries into survey applications considering objections from interested parties as mandated by prior court directions.
The court affirmed the duty of administrative respondents to address representations lawfully while conducting property surveys per statutory guidelines.
The court mandated that survey actions be paused until petitioner's objections regarding property rights are duly considered.
The court confirmed the right to survey ancestral property, emphasizing the duty of authorities to act on petitions timely, ensuring fair administrative procedures.
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