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Madras High CourtWP(MD)/35295/2025disposed of

Rev. Fr. Martin v. The Revenue Divisional Officer

2025-12-09Honourable Mr.Justice K. Surender5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER W.P.(MD)No.35295 of 2025 and WMP(MD) Nos.27981 and 27982 of 2025 Rev. Fr. Martin ... Petitioner Vs

1. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District..

2. The Tahsildar,, Manur Taluk, Tirunelveli District..

3. The Taluk Deputy Inspector of Survey, Manur Taluk, Tirunelveli District..

4. The Inspector of Police,, Manur Police Station, Tirunelveli District..

5. Vijayakumar,, S/o. Muthaiah Thevar, Odai Theru, Devarkulam, Manur Taluk, Tirunelveli District.

... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notice issued by the 3rd 1/5

respondent in proceedings OFLA/2025/0123/29/005823 dated 26.11.2025, quash the same as illegal, and consequently direct respondents 1 to 3 to consider petitioner's objections dated 10.10.2025 and pass orders on merits after affording petitioner an opportunity of hearing within a time frame to be fixed by this Court. For Petitioner :Mr.G.Anto Prince For Respondents :Mr.B.Ramanathan for R1 to R3 Addl. Government Pleader Mr.S.Prakash for R4 Government Advocate

O R D E R

This writ petition has been filed challenging the impugned notice of the 3rd respondent dated 26.11.2025 in proceedings OFLA/2025/0123/29/005823, and for a consequential direction to the respondents 1 to 3 to consider petitioner's objections dated 10.10.2025 and pass orders on merits after affording petitioner an opportunity of hearing within a time frame to be fixed by this Court.

2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the respondents 1 to 3 and the learned Government Advocate for the respondent No.4. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. Since no adverse orders are going to be passed 2/5

against the 5th respondent, notice is dispensed with.

3. Pursuant to an application made by the 5th respondent Vijayakumar for surveying the property, the impugned survey notice dated 26.11.2025 was issued to the petitioner. The petitioner has come before this Court questioning the said survey notice mainly on the ground that subdivision of land was done without notice to the joint pattadars.

4. The learned Additional Government Pleader would submit that initially the objections raised and the representation given by the petitioner would be disposed of and then survey would be conducted.

5. Recording the said submission, the writ petition is disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed.

(K.SURENDER, J) 09.12.2025 NCC :Yes/No Index :Yes/No RR 3/5

To

1. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District..

2. The Tahsildar,, Manur Taluk, Tirunelveli District..

3. The Taluk Deputy Inspector of Survey, Manur Taluk, Tirunelveli District..

4. The Inspector of Police,, Manur Police Station, Tirunelveli District..

4/5

K.SURENDER, J.

RR W.P.(MD)No.35295 of 2025 09.12.2025 5/5