G.Lakshmanan v. The Director Of Survey And Land Records
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP No.34580 of 2025 1.G.Lakshmanan 2.L.Rajavadhani 3.L.Gnanasekaran ... Petitioner Vs.
1.The Director of Survey and Land Records, No.505, Revenue Complex, II Floor, Kamaraj Salai, New Saram, Puducherry-605 013.
2.Radjou 3.Manjula Devi ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records relating to the proceedings in Appeal No.8 of 2025 pending before the first respondent and quash the same as illegal and pass orders.
For Petitioner(s) : Mr.K.Sasindran For Respondent(s) : Mr.V.Vasanthakumar Additional Government Pleader (P) for R1 Mrs.C.Jaya Chithra undertakes to file vakalat for R2 and R3
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, 1/5
notice to respondent Nos.2 and 3 is dispensed with. The present writ petition is filed challenging the proceedings in Appeal No.8 of 2025 pending before the first respondent.
2. After submitting for a brief while, learned counsel for the petitioner would submit that the appeal preferred by the second and third respondent against the name correction by the Settlement Tahsildar for the property comprised in R.S.No.50/10/I measuring an extent of 38 Ares 91 Santhiyars situated at Manaveli Village, Ariyakuppam, before the first respondent is not maintainable.
3. At this stage, it was agreed by the petitioner as well as respondents 1 to 3 that the appellant authority shall decide the issue of maintainability as a preliminary issue.
4. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The appellate authority shall decide the question of maintainability of appeal in Appeal No.8 of 2025 pending before the first respondent as a preliminary issue, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, respondents 2 and 3 and all other interested parties 2/5
including rival claimants, if any and thereafter proceed to dispose of the appeal, if it is found to be maintainable.
ii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the appeal and pass appropriate order in accordance with law. iii) 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. Rights and contentions of the petitioner and all other interested parties are left open.
5. Accordingly, the writ petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. 14.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:
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1.The Director of Survey and Land Records, No.505, Revenue Complex, II Floor, Kamaraj Salai, New Saram, Puducherry-605 013.
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MOHAMMED SHAFFIQ, J.
mrn 14.08.2025 5/5