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Madras High CourtWMP/48764/2025dismissed

Nallusamy v. A.Pichamuthu

2025-11-11Honourable Mr Justice Krishnan Ramasamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-11-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY in W.P.No.36000 of 20254 1.NALLUSAMY, Son Of Iyyakannu, D.No.3/239(3) 3rd Ward, M.G.R. Nagar, 74-Krishnapuram Village And Post, Gangavalli Taluk, Salem District - 636 105.

2 PARAMASIVAM, Son Of Iyyakannu, D.No.3/239(3) 3rd Ward, M.G.R. Nagar, 74-Krishnapuram Village And Post, Gangavalli Taluk, Salem District - 606 105.

Petitioner(s) Vs

1. A.Pichamuthu, S/o.Late Arumugam, Ward 3, M.G.R. Nagar, Therkku Kattu Kottai, 74, Krishnapuram Post, Gangavalli Taluk, Salem District.

2.The Tahsildar, Gangavalli Taluk, Tahsildar Office, Gangavalli, Salem District.

3.The Taluk Surveyor, Gangavalli Taluk, Tahsildar Office, Gangavalli, Salem District.

Respondent(s) For Petitioner(s):

Mr.R.Jayaprakash For Respondent(s):

Mr. L.Mouli For R1 Mr.P.Ganesan, Government Advocate.

For R2 And R3

ORDER

This Writ Miscellaneous Petition has been filed by the petitioner/obstructor seeking to recall the order passed in W.P.No.36000 of 2025 vide order dated 23.09.2025.

2.According to the petitioner, based on the order passed by this Court in W.P.No.36000 of 2025 dated 23.09.2025, the 1 st respondent joining with the Official respondents and the other third parties, trying to evict the petitioner.

3.It is made clear that, this Court vide order dated 23.09.2025 in W.P.No.36000 of 2025, directed the Official respondents to dispose of the representation dated 15.03.2025 made by the petitioner therein, on merits and in accordance with law, and if there is any obstruction for measuring the property, the Official respondents are directed to complete the survey with the aid of the Police and this Court had never directed the respondents to evict the persons who are all in possession of the 1 st respondent's property. In the event, if any third parties are in possession of the 1 st respondent's property, the 1 st respondent cannot evict them through the Official respondents herein and the Police Personnel, who were deputed for the process of measuring the property and the right course available for the 1 st respondent to evict them by way of obtaining orders from Court.

4.In view of the above, there is no merits in the present petition. Hence, the present petition stands dismissed. The Official respondents are directed to

measure the property and fix the boundaries as ordered by this 23.09.2025 in W.P.No.36000 of 2025.

11-11-2025 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes To:- 1.The Tahsildar Gangavalli Taluk, Tahsildar Office, Gangavalli, Salem District.

2.The Taluk Surveyor Gangavalli Taluk, Tahsildar Office, Gangavalli, Salem District.

KRISHNAN RAMASAMY J.

rst in W.P.No.36000 of 2025 11-11-2025