M.Balasubramaniam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2025

CORAM

THE HONOURABLE Mr. JUSTICE M.SUNDAR AND THE HONOURABLE Mr. JUSTICE HEMANT CHANDANGOUDAR AND W.M.P.No.14736 of 2024 M.Balasubramaniam ..

Petitioner Vs.

1.The District Collector Coimbatore District Coimbatore 2.The Revenue Divisional Officer Coimbatore North Division Coimbatore 3.The Tahsildar Coimbatore North Taluk Coimbatore 4.C.S.K.Prabhu .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of a writ of certiorari calling for the records pertaining to Na.Ka.No.1073/2024/A3 dated 29.04.2024 on the file of the 2nd respondent and quash the same.

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For Petitioner : Mr.A.E.Ravichandran For RR1 to 3 : Mr.T.K.Saravanan Additional Government Pleader For R4 : Mr.N.Nithyanandam

O R D E R

(made by M.SUNDAR, J.) Captioned main 'writ petition' [hereinafter 'WP' for the sake of brevity] has been filed with a prayer seeking issue of a writ of certiorari qua 'summons (Visaaranai Azhaippaanai) dated 29.04.2024 bearing reference Na.Ka.No.1073/2024/A3, [hereinafter referred to as 'impugned summons' for the sake of convenience and clarity] issued by R2 (Revenue Divisional Officer)' who shall hereinafter be referred to 'said RDO' for the sake of convenience and clarity.

2. In the hearing today, Mr.A.E.Ravichandran, learned counsel for writ petitioner, Mr.T.K.Saravanan, learned Additional Government Pleader for R1 to R3 and Mr.N.Nithyanandam, learned counsel for R4 (private respondent) are before us. With the consent of all learned counsel, main WP is taken up and heard out.

3. Subject matter of captioned WP is 'Survey No.600 and the 2/8

sub-divisions thereat in Kalapatti Village, Coimbatore North Taluk, Coimbatore District' [hereinafter 'said lands' for the sake of convenience and clarity].

4. R3 issued summons dated 29.08.2022 (summons to Mr.C.S.K.Prabhu and Mr.Sadguru, sons of Mr.M.Balasubramaniam, writ petitioner before us). Mr.M.Balasubramaniam assailed this 29.08.2022 summons issued by R3 by way of W.P.No.26508 of 2022 and this writ petition, after full contest, came to be disposed of (along with WMP thereat) by a learned Single Judge, by an order dated 08.11.2022. Paragraphs 6 and 7, i.e., the penultimate and concluding paragraphs of this 08.11.2022 order, are reproduced as follows : "6.

Considering the facts and circumstance of the case and the submissions, made on either side and since the third respondent himself admitted that he had made application for measuring the property in terms of Tamil Nadu Survey and Boundaries Act, 1923, inadvertently, the second respondent/Tahsildar issued summons to the petitioner for removal of the fence in question. Therefore, the impugned order passed by the Tahsildar is liable to be set aside and accordingly, the order impugned is set aside.

However, if any application is filed by the third respondent for measuring the property in terms of Tamil Nadu Survey and Boundaries Act, 1923, the said application to processed after providing an opportunity of hearing to the petitioner as well as the third respondent herein and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

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7. Accordingly, this writ petition is allowed in the above terms. No costs. Consequently, connected Miscellaneous Petition is closed."

5. Thereafter, R4 before us sent a request dated 08.08.2023 to the said RDO, seeking measurement and separate patta for 69.5 cents qua S.F.No.600/2A1. A scanned reproduction of this 08.08.2023 request of R4 is as follows :

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6. It is submitted that the impugned summons was issued, pursuant to the aforementioned request. In this view of the matter, learned State counsel very fairly submitted that the impugned summons will now stand withdrawn and R3 will consider aforementioned 08.08.2023 request on its own merits and in accordance with law. This fair submission of 5/8

learned State counsel makes the legal drill at hand fairly simple to give a closure.

7. Ergo, the sequitur is, we make the following order : i. Impugned summons being summons dated 29.04.2024 bearing reference Na.Ka.No.1073/2024/A3 issued by R2, is set aside; and ii. R3 shall now take up request of R4 dated 08.08.2023 (scanned and reproduced supra), process the same, after putting on notice all concerned and shall make necessary orders on its own merits and in accordance with law untrammelled by this order.

8. Captioned main WP stands disposed of as closed albeit with aforementioned observations and directives. Consequently, captioned WMP stands disposed of as closed. There shall be no order as to costs. (M.S., J.) (H.C., J.) 19.06.2025 Index : Yes/No gya 6/8

To 1.The District Collector Coimbatore District Coimbatore 2.The Revenue Divisional Officer Coimbatore North Division Coimbatore 3.The Tahsildar Coimbatore North Taluk Coimbatore 7/8

M.SUNDAR, J.

AND HEMANT CHANDANGOUDAR, J.

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