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Madras High CourtWP/2889/2026disposed of

Bhuvaneswari v. The Tahsildar

2026-01-29Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2026 CORAM :

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.No.3216 of 2026 Bhuvaneswari ... Petitioner Vs.

1.The Tahsildar, Office of the Tahsildar, Valapady Taluk, Salem District.

2.The Taluk Surveyor, Office of the Tahsildar, Valapady Taluk, Salem District.

3.The Inspector of Police, Karipatti Police Station, Salem District.

4.P.Muthusami ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 and 2 to receive the objections given by the petitioner and to conduct Page No.1 of 6

appropriate enquiry, as directed by this Court in W.P.No.46702 of 2025, and further direct the respondents 1 and 2 to defer the survey proceeding, till the outcome of the pending civil proceedings in O.S.No.316 of 2018, on the file of the District Munsif Vazhapadi, Salem. For Petitioner : Mr.B.Balavijayan For Respondents : Mr.S.Arumugam Government Advocate [R1 & R2] Mr.S.Venkatesa Perumal Government Advocate (Crl.Side) [R3] Notice dispensed with [R4] *****

ORDER

The prayer sought for in this writ petition has become infructuous in view of the fact that survey and demarcation of the boundaries of the subject property, pursuant to the directions given by this Court on 02.12.2025 in W.P.No.46702 of 2025 has been completed. The grievance of the petitioner is that the petitioner's objections will have to be considered by the official respondents before surveying and demarcating the boundaries of the very same property, which was the subject matter of the writ petition in W.P.No.46702 of 2025.

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2. Admittedly, the petitioner had given her objections on 03.01.2026 and 21.01.2026 to the official respondents. The survey and demarcation of boundaries, even according to the learned counsel for the petitioner, was completed on 21.01.2026. In view of the same, the official respondents in compliance with the directions issued by this Court on 02.12.2025 in W.P.No.46702 of 2025 may have considered the objections of the petitioner as in the said order it was made clear that the objections of any party with regard to survey and demarcation of boundaries has to be considered. If at all the petitioner is aggrieved by the survey report, the petitioner will now have to challenge the same in the manner known to the petitioner under law. Since the survey and demarcation of boundaries of the subject property has already been considered by the official respondents, entertaining this writ petition at this belated stage does not arise as the prayer sought for in this writ petition has become infructuous.

3. Recording the aforesaid facts, this Writ Petition is disposed of as infructuous. However, liberty is granted to the petitioner to challenge the survey report in the manner known to the petitioner under law. The official respondents are directed to furnish a copy of the survey report to Page No.3 of 6

the petitioner, within a period of two (2) weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

29.01.2026 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6

To 1.The Tahsildar, Office of the Tahsildar, Valapady Taluk, Salem District.

2.The Taluk Surveyor, Office of the Tahsildar, Valapady Taluk, Salem District.

3.The Inspector of Police, Karipatti Police Station, Salem District.

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ABDUL QUDDHOSE, J.

sp 29.01.2026 Page No.6 of 6