K.L.Ramasamy v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4750 of 2025 K.L.Ramasamy ..Petitioner Vs.

1. The Tahsildar, Office of the Tahsildar, Thiruchengode Taluk, Tiruchengode, Namakkal District.

2. The Head Surveyor, Office of the Tahsildar, Thiruchengode, Namakkal district.

3. M.Periyasamy

4. K.Somasundaram

5. Pappathi

6. Sakunthala ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the 1st and 2nd respondents not to 1/4

measure the properties in R.S.No.101/3S, R.S.No.101/3E, R.S.No.101/3I, R.S.No.101/3D, R.S.No.101/3R in Mamundi Village, Truchengode Taluk, Namakkal District until the disposal of the I.A. No.1 of 2024 in Unnumbered Appeal Suit on the file of Sub Court, Tiruchengode, filed against the O.S.No.296 of 2016 on the file of the Additional District Munsif Court, Tiruchengodu.

For Petitioner : Mr.A.Sundara Vadhanan For Respondents : Mr.A.Selvendran Special Government Pleader for R1 and R2

O R D E R

This writ petition has been filed for the issue of writ of Mandamus forbearing the respondents 1 and 2 from conducting any survey in the subject property, pending the appeal that has been filed by the petitioner against the judgement and decree passed in OS No.296 of 2016 on the file of Additional District Munsif Court, Thiruchengode. 2.

When the matter was taken up for hearing today, the learned counsel for the petitioner submitted that the survey has already been conducted. However, the petitioner has serious objections on the report that has been prepared after the survey. Since the copy of the report has not been furnished to 2/4

the petitioner, the petitioner is not in a position to challenge the same. 3.

In the light of the above development, it will suffice if a direction is issued to the 1st respondent to issue the copy of the report, pursuant to the survey conducted, to the petitioner within a period of one week from the date of receipt of a copy of this order. It is left open to the petitioner to work out his remedy in the manner known to law.

4.

This writ petition is disposed of with the above directions. No costs.

17.02.2025 Index : Yes/No Internet : Yes/No Speaking Order / Non Speaking Order rka Note : Issue order copy on 18.02.2025 To

1. The Tahsildar, Office of the Tahsildar, Thiruchengode Taluk, Tiruchengode, Namakkal District.

2. The Head Surveyor, Office of the Tahsildar, Thiruchengode, Namakkal district.

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N. ANAND VENKATESH, J.

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