Madrasdated High Court · 2025

W.P.No.24350 of 20256. Logambal... RespondentsWrit Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records relating to the impugned notice dated 23.06.2025 issued by the 3rd respondent in Na.Ka.A4/3645/2024, quash the same and consequently forbear the respondents 3 and 4 from disturbing the petitioners' peaceful possession and enjoyment of the property in respect of Survey No.186/2E in V.Mamandur Village, Chinnaselam Taluk, Kallakurichi District.For petitioner : Mr. R.Bharath KumarFor Respondents:Mr. T.K.SaravananAdditional Government Pleaderfor R1 to R3Mr.J.SubbiahGovt. Advocate (Crl.side) for R4ORDER[Order of the Court was made by M.SUNDAR, J.]Subject matter of captioned main 'Writ Petition' ['WP' for the sake of brevity] is 'land comprised in S.No.186/2E in V.Mamandur Village, Chinnasalem Taluk, Kallakurichi District' [hereinafter 'said land' for the sake of convenience].2. Prayer in the captioned main WP is for issue of a writ of certiorarified mandamus. As regards the certiorari limb, a communication / letter dated Page Nos.2/15 https://www.mhc.tn.gov.in/judis W.P.No.24350 of 202523.06.2025 bearing reference e/f/m4/3645/2024 sent by R3 [The Tahsildar, Taluk Office, Chinnasalem, Kallakurichi District] to the jurisdictional Sub-Inspector of Police (Sub-Inspector of Police, Keezhakuppam Police Station), which shall hereinafter be referred to as 'impugned letter' has been assailed. In and vide the mandamus limb, a prayer to protect petitioners' purported peaceful possession and enjoyment of said lands has been sought by seeking prohibitory mandamus as against the official respondents restraining them from interfering with petitioners' purported peaceful possession and enjoyment of said land. 3. Impugned letter of R3 says that 27.06.2025 at 10.00am has been fixed as the date and time qua request for removal of encroachment in said land and the impugned letter refers to request for removal of encroachment in 'ghij' (track).4. Learned counsel for writ petitioners submits that R5 had earlier filed a writ petition in this Court being W.P.No.37548 of 2024 with a prayer for removal of encroachment qua said land, which according to R5, is a public road and this W.P.No.37548 of 2024 along with WMP thereat came to be disposed of by a Division Bench [to which one of us (M.Sundar.J.,) was a party] by an order dated 09.01.2025 and a scanned reproduction of the order is as follows:Page Nos.3/15 https://www.mhc.tn.gov.in/judis W.P.No.24350 of 2025Page Nos.4/15 https://www.mhc.tn.gov.in/judis W.P.No.24350 of 2025Page Nos.5/15 https://www.mhc.tn.gov.in/judis W.P.No.24350 of 2025Page Nos.6/15 https://www.mhc.tn.gov.in/judis W.P.No.24350 of 2025Page Nos.7/15 https://www.mhc.tn.gov.in/judis W.P.No.24350 of 2025Page Nos.8/15 https://www.mhc.tn.gov.in/judis W.P.No.24350 of 20255. Learned counsel submits that notwithstanding the above said order, the impugned letter has been sent by R3 to R4 [copy marked to Writ Petitioner Nos.1 and 2 (Serial Nos.4 and 6)].6. Issue notice to official respondents.7. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R1 to R3 and Mr.J.Subbiah, learned Government Advocate (Crl.side) accepts notice for R4.Page Nos.9/15 https://www.mhc.tn.gov.in/judis W.P.No.24350 of 20258. Learned State counsel for R1 to R3 submits, on instructions, that 27.06.2025 at 10.00am has been fixed as the date and time only for survey but the impugned letter is not happily worded and therefore, the same is being withdrawn. This submission is recorded as an undertaking given to the Court and on the basis of this submission, the impugned letter now stands effaced. 9. As the impugned letter stands effaced, the certiorari limb of the prayer alluded to supra stands answered. Consequently, the mandamus limb becomes inconsequential as afore-referred 09.01.2025 order in W.P.No.37548 of 2024 would now govern the issue.10. Before we conclude and write the operative portion of this order, we deem it appropriate to record that learned counsel for writ petitioners brought to our notice that father of R5 before us (Mr.K.Elangovan) has filed a suit in O.S.No.1 of 2024 on the file of Principal District Munsif Court, Kallakurichi with prayers for declaration of title and consequential injunction as regards said land; in this suit, writ petitioners 1 and 2 are defendants 3 and 4 respectively and in the suit, pleading are complete and the same is pending. Though writ petitioners have produced copies of plaint and written statement, this Court went into the official website and the case details as available in the official website is as follows:Page Nos.10/15 https://www.mhc.tn.gov.in/judis W.P.No.24350 of 2025Page Nos.11/15 https://www.mhc.tn.gov.in/judis W.P.No.24350 of 202511. Now the pendency of the afore-referred suit shall be read as an addenda to our earlier order dated 09.01.2025 in W.P.No.37548 of 2024 and the same will also be taken into account qua further proceedings.Page Nos.12/15 https://www.mhc.tn.gov.in/judis W.P.No.24350 of 202512. We preserve the rights of R3 and/or other revenue authorities to send communication/issue notice afresh for conducting survey after putting on notice all concerned, more particularly, the writ petitioners, private respondents and any other person who may be concerned with the matter.13. We make it clear that as this order does not touch upon the rights of private respondents in any manner and on the contrary this order preserves all the rights and contentions of the private respondents in ensuing proceedings, we dispense with notice to the private respondents and take up the main WP with consent of learned counsel for writ petitioner, learned State counsel and learned Government Advocate (Crl.side) for R4.Captioned WP disposed of in the aforesaid manner i.e., disposed of as closed. As there is a roll back qua impugned letter i.e., as the impugned letter stands effaced, captioned CMP thereat become otiose and the same are closed. There shall be no order as to costs.[M.S., J.] [H.C., J.]04.07.2025Index : Yes / No (3/3)Neutral Citation : Yes / NoSpeaking order / Non-speaking ordergpaPage Nos.13/15 https://www.mhc.tn.gov.in/judis W.P.No.24350 of 2025To1. The District Collector Kallakurichi Kallakurichi District2. The Revenue Divisional Officer Kallakurichi Kallakurichi District3. The Tahsildar Taluk Office Chinnaselam Kallakurichi District4. The Inspector of Police Keezhakuppam Police Station Kallakurichi District – 606 201Page Nos.14/15 https://www.mhc.tn.gov.in/judis W.P.No.24350 of 2025M.SUNDAR, J.andHEMANT CHANDANGOUDAR, J.gpaW.P.No.24350 of 202504.07.20253/3Page Nos.15/15