Madras High CourtWP(MD)/18128/2024disposed of

Chinnappa v. The Tahsildar

2026-01-09Honourable Mr.Justice K. Surender4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER W.P.(MD)No.18128 of 2024 Chinnappa ... Petitioner Vs

1. The Tahsildar, Marungapuri Taluk, Trchy District..

2. The Firka Surveyor,, Marungapuri Taluk, Trchy District..

3. Adaikalasamy,, S/o.Late. Raju, South Street, Oothukuzhi Post, Marungapuri Taluk, Trchy District..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, thereby forbear the respondents from fixing any survey stone in S.No. 318/26 of Oothukuzhi Village, Marungapuri Taluk and Trichy District. For Petitioner :Mr.P.Ganapathi Subramanian For Respondents :Mr.B.Ramanathan Addl. Government Pleader for R1 and R2 Mr.S.Boominathan for R3 1/4

O R D E R

This writ petition has been filed seeking a direction to forbear the respondents from fixing any survey stone in S.No. 318/26 of Oothukuzhi Village, Marungapuri Taluk and Trichy District.

2. Heard the learned counsel for the petitioner, the learned Additional Government Advocate leader appearing for the official respondents and the learned counsel for the private respondent.

3. Earlier, the third respondent had filed WP(MD) No.12187/2024 seeking a direction to survey and demarcation of the property in S.No. 318/26 of Oothukuzhi Village, Marungapuri Taluk and Trichy District. The said writ petition was filed after the concerned authorities failed to consider the third respondent's application dated 08.06.2021. The said writ petition was disposed at the stage of admission itself. Admittedly, in the said writ petition, the petitioner is not a party. It is clearly mentioned at Paragraph No.3 of the order that if any person is aggrieved by the orders of the Court, the party is at liberty to review/recall the order. 2/4

4. Instead of questioning the orders passed in the said writ petition or filing review or recalling the order, though liberty was granted in the said writ petition, the petitioner has filed the present writ petition.

5. This Court cannot sit on orders passed by the learned Single Judge.

6. In view of there being liberty granted to the aggrieved person to question the orders in WP(MD) No.12187/2024, pursuant to which survey was sought to be conducted, the present writ petition is disposed of granting liberty to the petitioner to question the orders in WP(MD) No.12187/2024. There shall be no order as to costs. (K.SURENDER, J) 09.01.2026 NCC :Yes/No Index :Yes/No RR To

1. The Tahsildar, Marungapuri Taluk, Trchy District..

2. The Firka Surveyor,, Marungapuri Taluk, Trchy District..

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K.SURENDER, J.

RR W.P.(MD)No.18128 of 2024 09.01.2026 4/4