Balasubramanian v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P(MD) No.9703 to 9705 of 2025 Balasubramanian ... Petitioner Vs.

1.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

2.The Head Taluk Surveyor, Nanguneri Taluk, Tirunelveli District.

3.Amirtharaj ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, calling for the records of the impugned enquiry notice issued by the first respondent in his proceedings in Na.Ka.Aa.5/686/2025 dated 08.04.2025 and quash the same as illegal.

For Petitioner : Mr.V.Meenakshi Sundaram For R1 & R2 : Mr.A.Baskaran Additional Government Pleader For R3 : Mr.S.Srikanth

ORDER

This writ petition is filed challenging the notice issued by the first respondent for survey of the subject property.

2. When the writ petition is taken up for hearing, Mr.A.Baskaran, learned Additional Government Pleader, who takes notice for the respondents 1 and 2 and Mr.S.Srikanth, learned counsel, who takes notice for the third respondent would submit that the survey of the subject property has been completed as early as 24.05.2025. 3.Per contra, the learned counsel appearing for the petitioner would submit that the survey has not been completed on 24.05.2025. He also added that the Civil Court had already rendered a finding that third

respondent failed to establish his possession over the subject property and hence, negatived the prayer for injunction sought in the civil suit between the petitioner's father and third respondent's vendor. 4.In view of the statement made by the learned Additional Government pleader appearing for the respondents 1 and 2 that the survey of the subject property has been completed on 24.05.2025, no further direction is necessary in this writ petition. However, it is made clear that the survey by the third respondent does not affect the rights of either party over the subject property and it is for the parties to workout their remedy before the Civil Court.

5. With this observation, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 02.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp

S.SOUNTHAR ,J cp To 1.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

2.The Head Taluk Surveyor, Nanguneri Taluk, Tirunelveli District.

W.P.(MD)No.13477 of 2025 Dated: 02.06.2025