P.Venkatesan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH P.Venkatesan ..

Petitioner vs

1. The Tahsildar Harur Taluk, Dharmapuri District.

2. Amirtham ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of certiorarified mandamus, to call for the records with respect of the impugned proceedings passed by the first respondent in Na.Ka.2457/2024/B3 dated 23.12.2024 and quash the same and consequently direct the first respondent not to survey or take any further steps concerning the property in S.N.20/2, measuring to an extent of 4.32 acres situated at Velanur Village, Harur Taluk, Dharmapuri District, pending disposal of Appeal Suit No.10/2021 on the file of the Subordinate Court, Harur.

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For Petitioner : Mr.Sanjaysundaram For Respondents : Mr.A.Selvendran Special Government Pleader for R1

ORDER

This writ petition has been filed challenging the impugned proceedings of the first respondent dated 23.12.2024 and for a consequential direction to the first respondent not to carryout any survey in the subject property.

2. Heard Mr.Sanjaysundaram, learned counsel for the petitioner and Mr.A.Selvendran, learned Special Government Pleader for the first respondent.

3. In the considered view of this Court, the order has been passed by the first respondent after giving an opportunity to the petitioner and others. The petitioner is questioning the order on merits and it is seen from the order itself that the petitioner has Page No.2 of 6

been given an opportunity to file an appeal before the Revenue Divisional Officer, if he is aggrieved by the order passed by the Tahsildar.

4. In light of an effective alternate remedy available to the petitioner by way of an appeal, the present writ petition cannot be straight-away entertained by this Court. Hence, the petitioner has to necessarily work out his remedy only before the Revenue Divisional Officer.

5. In light of the above discussions, this writ petition is dismissed by giving liberty to the petitioner to file an appeal before the Revenue Divisional Officer, Harur. This appeal shall be filed within a period of one week from the date of receipt of a copy of this order. The Revenue Divisional Officer, Harur, shall conduct an enquiry, after affording an opportunity to the petitioner and the rival parties, and final orders shall be passed Page No.3 of 6

within a period of eight weeks from the date of receipt of the appeal to be filed by the petitioner. However, there shall be no order as to costs. Consequently, W.M.P.Nos.4541 and 4542 of 2025 are closed.

10.02.2025 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

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To

1. The Tahsildar Harur Taluk, Dharmapuri District.

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N.ANAND VENKATESH, J.

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