Madras High CourtWP(MD)/31541/2025disposed of

Varatharaj D v. The Tahsildar

2025-11-06Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.11.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.(MD) Nos.24710 & 24711 of 2025 D.Varatharaj ... Petitioner Vs

1. The Tahsildar,

2. The Surveyor,

3. P.Surekha ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned notice dated 27.10.2025 issued by the second respondent and quash the same as illegal. For Petitioner : Mr. N.Mohan For Respondents : Mr.M.Muthumanikkam Government Advocate for R1 & R2 1/4

O R D E R

By this Writ Petition, the petitioner challenges an inquiry notice in relation to a proposed survey at the instance of the third respondent.

2. Learned counsel for the petitioner submits that the title documents relied upon by the third respondent do not disclose the boundaries of the relevant property. He also claims that the said property was conveyed to one Duraisamy, who, in turn, executed the settlement deed in favour of the petitioner. On both these grounds, he opposes the survey.

3. Learned Government Advocate accepts notice for respondents 1 and 2. He submits that an inquiry would be undertaken before a decision is taken on the third respondent's request for a survey.

4. The third respondent had approached this Court by filing W.P. (MD) No.22103 of 2025. By order dated 13.08.2025, this Court directed 2/4

respondents 1 and 2 therein to consider the online application and to pass orders on merits after issuing notice to the petitioner, the co-pattadars under patta No.3092, owners of neighbouring lands and other interested parties. Therefore, it is open to the petitioner herein to raise all objections in course of the inquiry directed to be held by this Court earlier.

5. Accordingly, this Writ Petition is disposed of by permitting the petitioner to raise objections in relation to the proposed survey. The first and second respondents shall consider the objections of the petitioner and the objections of any other person who has been put on notice before taking a decision on the third respondent's request for a survey. No costs. Consequently, connected miscellaneous petitions are closed. NCS : Yes/No 06.11.2025 Index : Yes / No Internet : Yes / No apd To

1. The Tahsildar, 3/4

SENTHILKUMAR RAMAMOORTHY.,J.

apd

2. The Surveyor, ORDER MADE IN 06.11.2025 4/4