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2025 Supreme(Online)(Mad) 60428

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SENTHILKUMAR RAMAMOORTHY, J
M.Mohamed Jaffer – Appellant
Versus
The Tahsildar, Madurai West Circle, Madurai District – Respondent
W.P.(MD)No.21411 of 2025|W.M.P(MD)No.16532 of 2025



Advocates:
For the Appellants/Petitioners: M/s.P.Yasmin Begum
For the Respondents: Mr.P.Thambidurai, Mr.S.MP.Amalan

A writ petition requires inquiry under earlier court orders to ensure fairness in administrative decisions.

Headnote:This writ petition filed under Article 226 of the Constitution seeks to quash a survey notice due to lack of inquiry per an earlier order. The court determined the first and second respondents must reconsider the petitioner's objections and provide a speaking order after necessary inquiries. The court emphasized the need for inquiry regarding the petitioner's title and provided timelines for further proceedings. The writ petition is disposed of, directing a speaking order within twelve weeks.

Table of Content
1. challenge to survey notice based on prior inquiry requirement. (Para 1)
2. consideration of objections and property title dispute. (Para 2 , 3)
3. court directed inquiry and timelines for resolution. (Para 4)

ORDER

A survey notice is challenged in this writ petition on the ground that no enquiry was conducted in terms of the earlier order dated 03.06.2025 in W.P(MD)No.15081 of 2025.

2.Learned Government Advocate submits on behalf of the first and second respondents that the petitioner's objections would be considered and a speaking order would be issued in respect thereof.

3.Learned counsel for the 3rd respondent submits that the said respondent has title to the relevant property and that patta also stands in her name.

4.The earlier order of this Court directed the 4th respondent to consider the petitioner's representation and pass final orders on merits after issuing notice to the 6th respondent therein, who is the petitioner's sister. Therefore, it is necessary that the Tahsildar and Surveyor concerned hold an inquiry before taking a decision in the matter. By directing the Tahsildar to hold such inquiry and provide a reasonable opportunity to the petitioner, the 3rd respondent herein and the owners of any other relevant adjacent lands, this writ petition is disposed of. A speaking order shall be issued within twelve weeks from the date of receipt of a copy of the order. No costs. Consequently, connected writ miscellaneous petition is also closed.

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