← Library
Madras High CourtWMP/32658/2025ordered

S.Palanivel v. S.Shanmugam

2026-01-07Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.01.2026

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA S.Palanivel ... Petitioner Chennai - 600 034.

Vs.

1.S.Shanmugam 2.The District Collector Thiruvannamalai District.

3.The District Revenue Officer Thiruvannamalai District.

4.The Tahsildar Chengam Taluk Thiruvannamalai District.

5.The Village Administrative Officer Chengam Taluk Thiruvannamalai District.

6.The Head Surveyor Chengam Taluk Thiruvannamalai District.

... Respondents 1/4

Prayer : Petition filed under Article 226 of the Constitution of India, praying to allow this Writ Miscellaneous Petition and grant leave to add as the respondent and recall the order passed in W.P.No.37268 of 2024. For Petitioner : Mr.Varun Vignesh For Respondents : Mr.S.Rajesh Government Advocate for R2 to R6

ORDER

Today, the learned Government Advocate has produced the order dated 11.03.2025, passed by the Tahsildar, Chengam, a perusal of which would indicate that the orders passed by this Court in W.P.No.37268 of 2024 dated 12.12.2024, has not been complied with in letter and spirit, inasmuch as the petitioner herein, who is one of the interested parties, has not been issued with any kind of notice. The petitioner has not been made as a party in the writ petition.

2. It is the contention of the petitioner that with regard to the subject property, a civil suit is pending in O.S.No.227 of 2018 on the file of District Munsif Court, Chengam, for a permanent injunction against the writ petitioner. This fact has been suppressed by the writ petitioner and orders have been obtained from this Court in W.P.No.37268 of 2024. 2/4

3. This Court, in its order dated 12.12.2024, had made it clear that the survey should be done, only after issuing notice to the writ petitioner and also to the interested parties and also after hearing them. The order dated 11.03.2025 clearly shows that the petitioner herein has not been issued with any kind of notice regarding the survey. Without issuing notice upon the petitioner herein, the survey and demarcation has been effected. Therefore, the earlier order dated 12.12.2024 in W.P.No.37268 of 2024 is recalled.

4. Considering the fact that the order is being recalled at the behest of the petitioner, the petitioner herein is suo motu impleaded as sixth respondent in W.P.No.37268 of 2024.

5. Registry is directed to post this writ petition before the concerned Judge as per roster.

07.01.2026 ds 3/4

P.T.ASHA,J., ds 07.01.2026 4/4