Jayalakshmi v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.27535 of 2025 Jayalakshmi, W/o.Velusamy ... Petitioner Vs.

1.The Tahsildar, Mettur Taluk, Salem District.

2.Kandasamy, S/o.N.G.Ramanathan 3.Mani, S/o.Periyapayyan 4.S.Murugan, S/o.Chellappan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, forbearing the respondents 1 to 4 from conducting survey and point out field boundaries of the property comprised in Survey No.212/1C, 212/2, 212/5B, 213/1A, 213/1C, 215/1B, 212/1B and 212/3 at Nangavalli Village, Mettur Taluk, Salem District till the disposal of O.S.No.253 of 1/5

2021 on the file of the Subordinate Court, Mettur, Salem by considering the petitioner's representation dated 25.06.2025. For Petitioner : Mr.S.Krishnamoorthy For Respondents :

For R1 : Mr.P.Sathish Additional Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the respondents 2 to 4 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus, to forbear the respondents from conducting survey and point out field boundaries of the property comprised in Survey Nos.212/1C, 212/2, 212/5B, 213/1A, 213/1C, 215/1B, 212/1B and 212/3 at Nangavalli Village, Mettur Taluk, Salem District till the disposal of O.S.No.253 of 2021 on the file of the Subordinate Court, Mettur, Salem by considering the petitioner's representation dated 25.06.2025. 2/5

3. After arguing for a brief while, the learned counsel for petitioner would submit that they would confine their prayer for an opportunity of hearing before the 1st respondent before they proceed with survey as they have objections to the conduct of survey itself by the 1st respondent.

4. At the outset, it is submitted by the learned Additional Government Pleader for the 1st respondent that the representation dated 25.06.2025, made by petitioner would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. Inasmuch as according to the petitioner, there has been material suppression of facts by the private respondents, this Court is not inclined to examine the above contentions while leaving it open to the 1st respondent to issue notice to the petitioner, all other interested parties including private respondents, and thereafter proceed with an inquiry.

6. This writ petition, is thus, disposed of with a direction to the 1st 3/5

respondent to consider the petitioner's representation dated 25.06.2025 and pass appropriate orders in accordance with law and on merits, within a period of eight

(8) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner as well as all the other interested parties including the private respondents. The petitioner and others are at liberty to submit their objections /representations if any. It is made clear that this Court has not expressed any views with regard to the merits of the case. No costs. Connected miscellaneous petition is closed.

07.07.2025 Speaking (or) Non Speaking Order arb To The Tahsildar, Mettur Taluk, Salem District.

4/5

MOHAMMED SHAFFIQ, J.

arb 07.07.2025 5/5