Arulmurugan v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.25653 of 2025 and W.M.P.Nos.28809, 28810 and 28811 of 2025
1. Arulmurugan
2. Subramani
3. Sekar
4. Sakthivel
5. Lakshmi
6. Vimala
7. Kavitha
8. Meera
9. Amudha
10. Dhanasekari
11. Backiaraj
12. Megala
13. Ezhilarasi 14.Lakshmi 1/7
15. Basker 16.Padmavathy 17.Selvi 18.Vani 19.Mageswari 20.Aaraiyee @Govindhammal 21.Jeyavalli 22.Thilagavathy 23.Punitha 24.Anandhi 25.Kalaimathi 26.Prabha 27.Ramani 28.Vinodha 29.Kamala ... Petitioners Vs.
1. The Tahsildar Office of Tahsildar, Marakkanam Taluk, Marakkanam, Villupuram District.
2) The District Collector, Office of the District Collector, 2/7
Villupuram District, Villupuram.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of order issued by the 1st respondent vide Memorandum in Na.Ka.No.A2/1100/2024 dated 24.06.2025 and quash the same.
For Petitioner(s) : Mr.A.P.Pasupathy For Respondent(s) : Mr.A.Selvendran Special 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.
2. The present writ petition is filed praying for a writ of certiorari, to quash the impugned order passed by the 1st respondent vide Na.Ka.No.A2/1100/2024 dated 24.06.2025.
3. At the outset it is submitted by learned Special Government Pleader that earlier a writ petition in W.P.No.30469 of 2024 was filed by one Dhananjayan, seeking survey. The said writ petition was disposed of by this Court, directing the respondent authority to conduct a survey of the subject 3/7
property. The relevant portion of the direction is extracted hereunder: "4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the first respondent to consider the online application of the petitioner dated 13.03.2023 and pass final order, on its own merits, within a period of six weeks from the date of receipt of copy of this order."
3.1. It is further submitted by the learned Special Government Pleader that despite the order this Court, in view of the resistance from the petitioners, the concerned authorities were not able to proceed with the survey.
4. The learned counsel for the petitioners would submit that the petitioners limited request is that their objection letters dated 19.11.2024 and 28.12.2024 may be considered by respondent authority before conducting survey.
5. When this was pointed out, learned Special Government Pleader would submit that they would consider the objection letters dated 19.11.2024 and 28.12.2024, notice would be issued to the petitioners herein and Dhananjayan (petitioner in the earlier round of litigation) and after hearing the petitioner and Dhananjayan, survey would be conducted.
6. Though normally this Court would not have entertained this writ 4/7
petition inasmuch as there is a earlier direction of this Court, however, in view of the fact that the petitioners has come up with a limited request that survey may be conducted after considering their objections and in light of the above submission of the learned Special Government Pleader, this Court is inclined to direct the respondents to consider the petitioners objection letters dated 19.11.2024 and 28.12.2024 and conduct an enquiry after issuing notice to the petitioner and Dhananjayan (petitioner in the earlier round of litigation) and thereafter conduct survey and complete the process within a period of 8 weeks from the date of uploading of web copy without waiting for the receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law.
7. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 5/7
14.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:
1. The Tahsildar Office of Tahsildar, Marakkanam Taluk, Marakkanam, Villupuram District.
2) The District Collector, Office of the District Collector, Villupuram District, Villupuram.
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MOHAMMED SHAFFIQ, J.
spp W.P. No.25653 of 2025 14.07.2025 7/7