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Madras High CourtWA/1603/2025disposed of

G. Raghupathy v. M. Ravi

2025-05-14Honourable Mr Justice G. R. Swaminathan,Honourable Mr Justice V. Lakshminarayanan8 pages

W.A.No.1603 of 2025 G.R.SWAMINATHAN, J.

and V.LAKSHMINARAYANAN, J.

[Order of the Court was made by G.R.SWAMINATHAN, J.] This matter is listed today under the caption "For Being Mentioned". The learned counsel for the appellant would submit that in paragraph 5, line 6, there is an error, wherein O.S.No.11 of 2014 on the file of the District Munsif Court, Uthukottai, has been mentioned instead of O.S.No.147 of 2022 on the file of the Sub Court, Thiruvallur. However, the said suit in O.S.No.11 of 2014 has already been dismissed for default. Therefore, necessary corrections may be made in the order dated May 14, 2025.

2. Accordingly, the Registry is directed to replace the O.S.No.11 of 2014 on the file of the District Munsif Court, Uthukottai with O.S.No.147 of 2022 on the file of the Sub Court, Thiruvallur, in paragraph 5 of the order dated 14.05.2025 and issue a fresh order copy after carrying out the corrections. [G.R.S., J.] [V.L.N., J.] 23.05.2025 Jeni

G.R.SWAMINATHAN, J.

and V.LAKSHMINARAYANAN, J.

Jeni W.A.No.1603 of 2025 23.05.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2025

CORAM

THE HONOURABLE MR JUSTICE G. R. SWAMINATHAN AND THE HONOURABLE MR JUSTICE V. LAKSHMINARAYANAN WA No. 1603 of 2025 AND CMP Nos.12003 & 12004 of 2025 1.G.Raghupathy 2.E.Sekar 3.S.Maari Appellant(s) Vs 1.M.Ravi 2.The Revenue Divisional Officer Thiruvallur District.

3.The Tahsildar Uthukottai Taluk, Uthukottai, Thiruvallur District.

4.The Inspector of Police Periyapalaiyam, Thiruvallur District.

Respondent(s) PRAYER To set aside the order passed by this Court in WP No.14531 of 2025 dated 24.04.2025.

For Appellant(s):

Mr.A.R.Suresh For Respondent(s):

M/s.R.Anitha AGP For R2 to R4

JUDGMENT

(Judgment was delivered by G.R.Swaminathan J.) This writ appeal is directed against the order dated 24.04.2025 made in W.P.No.14531 of 2025. The appellants herein are figuring as respondents in the writ petition. The learned Single Judge had directed the jurisdictional Tahsildar to conduct survey. The learned Judge took note of the fact that the decree made in O.S.No.11 of 2014 on the file of the District Munsif court, Uthukottai, is in favour of the writ petitioner.

2. Learned counsel for the appellants states that they were not put on notice before the learned Single Judge allowed the writ petition. He further states that A.S.No.14 of 2015 has been filed by the appellants before the Subordinate Court, Thiruvallur.

3. His further grievance is that the Tahsildar has not issued notice to the appellants herein. Survey is scheduled to be conducted tomorrow i.e., on 15.05.2025.

4. We permit the appellants herein to be present when the survey is conducted on 15.05.2025. We call upon the learned Additional Government Pleader appearing on behalf of the respondents 2 to 4 to intimate the jurisdictional Tahsildar about this.

5. The whole object of survey is only to identify the boundaries and nothing else. No Pillar Stones will be erected. Only small Survey Stones alone will be installed. In any event, the rights of the parties will abide by the outcome of the appeal in A.S.No.14 of 2025 on the file of the Subordinate Court, Thiruvallur and O.S.No.11 of 2014 on the file of the District Munsif Court, Uthukkottai.

6. Accordingly, the Writ Appeal stands disposed of. Consequently, connected Miscellaneous Petitions are closed. There shall be no order as to costs.

(G.R.SWAMINATHAN J.)(V.LAKSHMINARAYANAN J.) 14-05-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni/Mkn

WA No. 1603 of 2025 To 1.The Revenue Divisional Officer Thiruvallur District.

2.The Tahsildar Uthukottai Taluk, Uthukottai, Thiruvallur District.

3.The Inspector Of Police Periyapalaiyam, Thiruvallur District.

G.R.SWAMINATHAN J.

AND V.LAKSHMINARAYANAN J.

Jeni/Mkn WA No. 1603 of 2025 14.05.2025