Kavitha Pitchai v. The District Collector

O R D E R In the present Writ Petition, the petitioner challenges the impugned survey notice dated 24.01.2026 issued by the third respondent.

¶2With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself, dispensing with the notice to the fourth respondent, as no adverse orders are proposed to be passed against her.

¶3The grievance of the petitioner is that though the petitioner had submitted a representation dated 15.09.2025 seeking survey of the land and transfer of patta, the official respondents have neither conducted the survey nor issued patta. In the meanwhile, the fourth respondent has Page No. 2 of 5 submitted an application for survey in respect of her adjacent land, which is now being considered and pursuant to which the impugned notice has been issued.

¶4Once a representation or application is made seeking survey or issuance of patta, it is for the revenue authorities to consider the same and pass appropriate orders. When an application filed by one party is considered while another application filed by the other party, particularly with regard to the same or a connected issue, is kept pending, it would affect the rights of the other party. In the present case, both the lands are adjacent to each other. The application filed by the petitioner is pending. At the same time, the application filed by the fourth respondent has been taken into consideration by issuance of the impugned notice.

¶5Therefore, this Court directs the second and third respondents to dispose of both the applications, after issuing notice to all the parties, within a period of sixteen (16) weeks from the date of receipt of a copy of this order. The applications shall be disposed of after conducting an enquiry. In the event of any rival claims, the parties are at liberty to work out their remedies before the competent civil court. The petitioner, the Page No. 3 of 5 fourth respondent, and any other interested parties shall be given an opportunity of hearing before passing any order.

¶6With the above observations, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. [K.SURENDER, J.]

10.02.2026 JEN Index : Yes / No To

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai West Taluk, Madurai.

3.The Head Surveyor, The Tahsildar Office, Madurai West Taluk, Madurai. Page No. 4 of 5 K.SURENDER

, J.

JEN

10.02.2026 Page No. 5 of 5

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2026 CORAM THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD) Nos.3070 & 3071 of 2026 Kavitha Pitchai ... Petitioner Vs. 1.The District Collector, Madurai District, Madurai. 2.The Tahsildar, Madurai West Taluk, Madurai. 3.The Head Surveyor, The Tahsildar Office, Madurai West Taluk, Madurai. 4.Karuppayi Ammal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned survey notice issued by the third respondent in Proceedings No.20260124007575 dated 24.01.2026 and quash the same as illegal and arbitrary and consequently direct the respondents to conduct Page No. 1 of 5 survey in respect of the subject property situated in Old Survey No.24/4 and New Survey Number is not assigned in Door No.217, Kanmaikarai, Aarapalayam, Madurai, strictly based on the petitioner's registered title deeds, after issuing due notice to the petitioner and all other interested parties and by following due process of law. For Petitioner : Mr.I.Velpradeep For R1 to R3 : Mr.D.Sadiq Raja Additional Government Pleader