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Madras High CourtWP/5098/2025disposed of

J.Punithavathi v. The Tahsildar

2025-02-19Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH J.Punithavathi W/o.Jayaraman

...Petitioner

Vs.

1.The Tahsildar, Office of Taluk Panruti Cuddalore District.

2.J.Kabilan S/o.Jayaram 3.SPDS.Kumaresh S/o.SPD.Sanmugam 4.P.Babu S/o.P.V.Pillai ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to consider the petitioner's objection letter dated 20.01.2025 and not to survey the land in survey No.654/2-A(1) at Vegakolai Village, Panruti Taluk, to an extent of 2 Acres.

For Petitioner : Mr.C.K.Suresh 1/4

For Respondents : Mr.S.Jayachandran Government Advocate [R1] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to consider the objection letter submitted by the petitioner on 20.01.2025 wherein the petitioner has objected to conducting survey in the subject property.

2. Heard Mr.C.K.Suresh, learned counsel for petitioner and Mr.S.Jayachandran, learned Government Advocate appearing for first respondent.

3. The main ground that has been raised by the petitioner is that there is pending suit in O.S.No.254 of 2024 before the District Court, Cuddalore, wherein the petitioner is the plaintiff and respondents 2 to 4 are defendants 1 to 3. When this suit was pending, the private respondents sought for survey of the property and hence, an objection was submitted by the petitioner. Since the same was not considered, the present writ petition has been 2/4

filed before this Court.

4. When the matter was taken up for hearing, learned Government Advocate appearing for the first respondent submitted that since the suit is pending before the competent civil Court, the first respondent will not act upon the application submitted for survey unless such a direction is given by the competent civil Court where the suit is pending. Recording the above submission, this writ petition is disposed of. No costs.

19.02.2025 Index : Yes/No Speaking Order / Non Speaking Order gm To The Tahsildar, Office of Taluk Panruti Cuddalore District.

N. ANAND VENKATESH, J gm 3/4

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