Madras High Court
G.Raghupathy vs M.Ravi on 14 May, 2025
Author: G.R.Swaminathan
Bench: G. R. Swaminathan
W.A.No.1603 of 2025
G.R.SWAMINATHAN, J.
and
V.LAKSHMINARAYANAN, J.
[Order of the Court was made by G.R.SWAMINATHAN, J.]
This matter is listed today under the caption “For Being Mentioned”. The
learned counsel for the appellant would submit that in paragraph 5, line 6, there
is an error, wherein O.S.No.11 of 2014 on the file of the District Munsif Court,
Uthukottai, has been mentioned instead of O.S.No.147 of 2022 on the file of
the Sub Court, Thiruvallur. However, the said suit in O.S.No.11 of 2014 has
already been dismissed for default. Therefore, necessary corrections may be
made in the order dated May 14, 2025.
2. Accordingly, the Registry is directed to replace the O.S.No.11 of 2014
on the file of the District Munsif Court, Uthukottai with O.S.No.147 of 2022 on
the file of the Sub Court, Thiruvallur, in paragraph 5 of the order dated
14.05.2025 and issue a fresh order copy after carrying out the corrections.
[G.R.S., J.] [V.L.N., J.]
23.05.2025
Jeni
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G.R.SWAMINATHAN, J.
and
V.LAKSHMINARAYANAN, J.
Jeni
W.A.No.1603 of 2025
23.05.2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2025
CORAM
THE HONOURABLE MR JUSTICE G. R. SWAMINATHAN
AND
THE HONOURABLE MR JUSTICE V. LAKSHMINARAYANAN
WA No. 1603 of 2025
AND
CMP Nos.12003 & 12004 of 2025
1.G.Raghupathy
2.E.Sekar
3.S.Maari
Appellant(s)
Vs
1.M.Ravi
2.The Revenue Divisional Officer
Thiruvallur District.
3.The Tahsildar
Uthukottai Taluk, Uthukottai,
Thiruvallur District.
4.The Inspector of Police
Periyapalaiyam,
Thiruvallur District.
Respondent(s)
PRAYER
To set aside the order passed by this Court in WP No.14531 of 2025 dated
24.04.2025.
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For Appellant(s): Mr.A.R.Suresh
For Respondent(s): M/s.R.Anitha
AGP For R2 to R4
JUDGMENT
(Judgment was delivered by G.R.Swaminathan J.)
This writ appeal is directed against the order dated 24.04.2025 made in
W.P.No.14531 of 2025. The appellants herein are figuring as respondents in the
writ petition. The learned Single Judge had directed the jurisdictional Tahsildar
to conduct survey. The learned Judge took note of the fact that the decree made
in O.S.No.11 of 2014 on the file of the District Munsif court, Uthukottai, is in
favour of the writ petitioner.
2. Learned counsel for the appellants states that they were not put on
notice before the learned Single Judge allowed the writ petition. He further
states that A.S.No.14 of 2015 has been filed by the appellants before the
Subordinate Court, Thiruvallur.
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3. His further grievance is that the Tahsildar has not issued notice to the
appellants herein. Survey is scheduled to be conducted tomorrow i.e., on
15.05.2025.
4. We permit the appellants herein to be present when the survey is
conducted on 15.05.2025. We call upon the learned Additional Government
Pleader appearing on behalf of the respondents 2 to 4 to intimate the
jurisdictional Tahsildar about this.
5. The whole object of survey is only to identify the boundaries and
nothing else. No Pillar Stones will be erected. Only small Survey Stones alone
will be installed. In any event, the rights of the parties will abide by the
outcome of the appeal in A.S.No.14 of 2025 on the file of the Subordinate
Court, Thiruvallur and O.S.No.11 of 2014 on the file of the District Munsif
Court, Uthukkottai.
6. Accordingly, the Writ Appeal stands disposed of. Consequently,
connected Miscellaneous Petitions are closed. There shall be no order as to
costs.
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(G.R.SWAMINATHAN J.)(V.LAKSHMINARAYANAN J.)
14-05-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
Jeni/Mkn
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To
1.The Revenue Divisional Officer
Thiruvallur District.
2.The Tahsildar
Uthukottai Taluk, Uthukottai,
Thiruvallur District.
3.The Inspector Of Police
Periyapalaiyam, Thiruvallur District.
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G.R.SWAMINATHAN J.
AND
V.LAKSHMINARAYANAN J.
Jeni/Mkn
14.05.2025
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