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Madras High CourtWP(MD)/19804/2025disposed of

Chinnaraman @ Raman T v. The Tahsildar

2025-07-22Honourable Mr Justice S. Sounthar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2025

CORAM:

THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.19804 of 2025 T.Chinnaraman @ Raman ... Petitioner Vs.

1. The Tahsildar, Vedasandur Taluk, Vedasandur, Dindigul District.

2. The Head Surveyor, Vedasandur Taluk, Vedasandur, Dindigul District.

3. The Deputy Superintendent of Police, Vedasandur, Dindigul District.

4. The Inspector of Police, Eriodu Police Station, Eriodu, Dindigul District.

5. Dhandapani

6. C.Rengan 1/6

7. C.Krishnamoorthy

8. V.Anandhan

9. S.Sakthivel ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd respondents herein to measure and demarcate the Petitioner's property in Survey No.337/15 situated at Vellampatti Village, Vedasandur Taluk, Dindigul District in the light of the Decree dated 21.02.2025 made in O.S.No.33 of 2023 on the file of the Principal District Munsif Court, Vedasandur with assistance of the 3rd and 4th Respondents Police. For Petitioner : Mr.G.Gomathisankar For R1 and R2 : Mr.K.Malathi Additional Government Pleader For R3 and R4 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side)

ORDER

The petitioner herein seeks a direction to the respondents 1 and 2 to survey the property situated in Survey No.337/15 situated at Vellampatti Village, Vedasandur Taluk, Dindigul District, in the light of the Judgment and Decree passed in O.S.No.33 of 2023 dated 21.02.2025, on the file of Principal District Munsif Court, Vedasandur.

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2. Heard the learned counsel appearing for the petitioner, Mrs.K.Malathi, learned Additional Government Pleader who takes notice for R1 and R2 and Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl.side) who takes notice for R3 and R4.

3. By consent of both the parties, the writ petition is taken up for final disposal at the stage of admission itself. Since no adverse order is going to be passed against the private respondents 5 to 9, notice to them is dispensed with.

4. According to the petitioner, subject property was assigned in favour of the petitioner on 31.07.1997 by the order passed by the 1st respondent. Since the private respondents 5 to 9 attempted to interfere with the petitioner's possession, he filed a Civil Suit in O.S.No.33 of 2023, on the file of Principal District Munsif Court, Vedasandur, seeking permanent injunction and the said Suit was decreed on 21.02.2025. Thereafter, the petitioner submitted an application on 25.04.2025 in kD vz;:2025/N123/13/009120, seeking survey of the subject property and the same has not been considered. Hence, the petitioner has come before this Court.

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5. The learned Additional Government Pleader, who takes notice for the respondents 1 and 2 would submit that pursuant to the application submitted by the petitioner, survey notice was issued fixing 09.06.2025 as on date for survey of the subject property. However, due to the objection raised by the private respondents 5 to 9, survey process could not be carried out.

6. In view of the same, without expressing any opinion on the merits of the matter, the 1st respondent is directed to conduct enquiry by issuing notice to the petitioner and the private respondents 5 to 9 and pass final orders on its own merits within a period of eight (8) weeks from the date of receipt of a copy of this order. At the time of enquiry, the 1st respondent shall also take into consideration the Judgement and Decree of permanent injunction obtained by the petitioner.

7. The writ petition is disposed of with the above observations. No costs.

22.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The Tahsildar, Vedasandur Taluk, Vedasandur, Dindigul District.

2. The Head Surveyor, Vedasandur Taluk, Vedasandur, Dindigul District.

3. The Deputy Superintendent of Police, Vedasandur, Dindigul District.

4. The Inspector of Police, Eriodu Police Station, Eriodu, Dindigul District.

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S.SOUNTHAR , J.

rgm W.P.(MD).No.19804 of 2025 22.07.2025 6/6