Thangavel v. The Thasildar

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 03.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR and W.M.P.(MD) No.11204 of 2025 Thangavel ... Petitioner Vs

1. The Thasildar, Karur Taluk, Karur District.

2. The Firka Surveyor, Karur Taluk, Karur District.

3. The Sub Inspector, Thoranakkalpatti Firka (Incharge), Karur.

4. Sakthivel ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to the impugned notice of the 3rd respondent vide his proceedings in No. 2025/0123/14/003923 dated 09.04.2025 and quash the same as illegal.

For Petitioner : Mr.K.Arunraj For Respondents : Mr.A.Baskaran, Addl. Govt. Pleader for R1 to R3 1/4

Mr.A.S.Vaigunth for R4

O R D E R

This Writ Petition has been filed challenging the notice issued by the third respondent for surveying the property situated in S.Nos.12/5 and 12/7, Puthambur Village, Karur Taluk and District.

2. Heard the arguments of Mr.K.Arunraj, learned counsel for the petitioner, Mr.A.Baskaran, learned Additional Government Pleader, who takes notice for the respondents 1 to 3 and Mr.A.S.Vaigunth, learned counsel, who takes notice for the fourth respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that he is the owner of the property situate in S.No.12/5 and the patta for the said property also stands in his name in Patta Nos.595, 179 and 596. Therefore, according to the petitioner, the impugned notice issued by the third respondent at the instance of the 4th respondent for surveying the property of the petitioner in S.No.12/5 is not at all maintainable. The petitioner has no grievance regarding survey of the property in S.No.12/7. 2/4

4. Even in the impugned notice reference has been made to the order passed by this Court in W.P.(MD)No.27667 of 2014. Therefore, it is clear that the impugned notice has been issued only pursuant to the order passed by this Court. A reading of the order passed in the above Writ Petition would indicate that though the 4th respondent herein as a petitioner sought for survey of the lands situate in S.Nos.12/7 and 12/5, at the time of argument, the learned counsel for the 4th respondent restricted his prayer only to survey of the lands situate in S.No.12/7. In the circumstances, the third respondent committed an error in issuing the impugned notice for survey of land situate in S.No.12/5 also. Therefore, the impugned notice issued by the third respondent is quashed only in respect of S.No.12/5 is concerned. However, as per the order passed by this Court in W.P.(MD)No.27667 of 2012, the respondents 1 to 3 are at liberty to proceed with survey of the land situate in S.No.12/7.

5. With this clarification, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

03.06.2025 Index: Yes/No 3/4

vsm S.SOUNTHAR, J.

vsm To

1. The Thasildar, Karur Taluk, Karur District.

2. The Firka Surveyor, Karur Taluk, Karur District.

3. The Sub Inspector, Thoranakkalpatti Firka (Incharge), Karur.

W.P (MD) No.14992 of 2025 03.06.2025 4/4