Madras High CourtWP/45126/2025disposed of

M.Rathinavelu v. The Tahsidlar

2025-11-21Honourable Mr Justice N. Anand Venkatesh7 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 50274 of 2025 M.Rathinavelu Petitioner(s) Vs

1. The Tahsidlar Mettur Taluk, Salem District.

2.The Deputy Superintendent Of Police Mettur Sub Division, Salem District 3.The Inspector Of Police Mecheri Police Station, Salem District 4.M.Raja 5.P.Vasanthi 6.P.Sudarsan 7.P.Monnisha Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for

2/7 issuance of a Writ of Mandamus, to direct the 1st respondent herein not to conduct the survey and point out the field boundaries of property in Old No. 322/4C New Survey no.322/4C2, Mechery Village, Mettur Taluk, Salem district till disposal of the civil proceedings viz., Second Appeals No.1170 and 1176 of 2009 on the file of the High Court of Madras and as well as O.S.No. 201 of 2023 on the file of DMC, Mettur.

For Petitioner(s):

Mr.C.Parthiban For Respondent(s):

Mr.D.Ravichander Special Government Pleader for R1 to R3

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 1 st respondent not to conduct any survey in the subject property on the ground that civil proceedings are pending before the Court. 2.Heard Mr.C.Parthiban, learned counsel appearing on behalf of the petitioner and Mr.D.Ravichander, learned Special Government Pleader appearing on behalf of respondents 1 to 3.

3/7 3.It is seen from records that the survey is being conducted by the 1 st respondent based on the directions issued by this Court in W.P.No.29260 of 2025 by order dated 05.08.2025 in a writ petition that was filed by the 4 th respondent. Even while disposing of the writ petition, this Court made it clear that the private respondent therein, who are the adjacent land owners and all other interested parties will have to be give an opportunity of hearing and thereafter, a decision must be taken to survey the property. 4.When the matter was taken up for hearing today, the learned Special Government Pleader appearing on behalf of the respondents produced the written instruction received from the Revenue Inspector, Machery Village, Mettur Division and it is seen that survey has already been conducted on 12.11.2025.

5.In view of the same, nothing survives in this writ petition and accordingly, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

4/7 21-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/7 To 1.The Tahsidlar Mettur Taluk, Salem District.

2.The Deputy Superintendent Of Police Mettur Sub Division, Salem District 3.The Inspector Of Police Mecheri Police Station, Salem District

6/7 N.ANAND VENKATESH J.

ssr

7/7 21-11-2025