Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 125355 (MAD)

Selvaraju @ Selvarasu v. The Tahsildar

WP(MD)/10276/2025 · 2025-04-24

V Lakshminarayanan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.10276 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2025 CORAM THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Writ Petition(MD)No.10276 of 2025 and W.M.P(MD)Nos.7655 & 7656 of 2025 Selvaraj @ Selvarasu ..Petitioner Vs 1.The Tahsildar, Thuraiyur Tauk Office, Thuraiyur, Trichy District. 2.Baskaran 3.Senthil ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records pertaining to the impugned enquiry notice dated 17.12.2024 vide Na.Ka.No. A1/6615/2024 issued by the respondent/Tahsildar and quash the same as illegal and unconstitutional. For Petitioner : Mr.B.Jameelarasu For Respondents : Mr.S.Shaji Bino Spl. Govt. Pleader (R1) Mr.A.Sheik Nasurudeen (RR1 and 2 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.10276 of 2025 ORDER I heard Mr.B.Jameelarasu, for the petitioner, Mr.S.Shaji Bino, learned Government Advocate for the first respondent and Mr.A.Sheik Nasurudeen, for the respondents 2 and 3. 2. This writ petition is filed to challenge the impugned enquiry notice dated 17.12.2024 vide Na.Ka.No. A1/6615/2024 issued by the first respondent/Tahsildar. 3. The petitioner claims to be the owner of the property comprised in S.No.190/2-I, 2-H and 190/3 situated at Balakrishnampatti Revenue Village, Thuraiyur Taluk, Trichy District. Between the petitioner and the private respondents, who claim to be the Managing Trustee of a Vinayakar temple situated in the petitioner's village, two suits are pending in O.S.No.76 of 2023 and 159 of 2024 on the file of the District Munsif Court, Trichy. When the matters were pending, the first respondent-Tahsildar had issued a notice calling upon the petitioner to produce document of the title deed. This constrained the petitioner to file the present writ petition. 4. Mr.S.Shaji Bino, learned Special Government Pleader, on instructions, reports that it is not the intention of the Tahsildar to conduct an enquiry into the title of the property. An attempt was made by the Tahsildar to ensure the peace prevails in that area and hence, he summoned the petitioner and respondents 2 and 3. He 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.10276 of 2025 further states that, as it has been brought to the notice of the Tahsildar, that two suits are pending, the Tahsildar will not proceed further with the enquiry. The Tahsildar shall await the result of the civil proceedings initiated by the petitioner and respondents 2 and 3. To this effect, the relevant portion of the written instructions produced by Mr.S.Shaji Bino is extracted hereunder: “kDjhuu; JiwA+u; cupikapay; ePjp kd;wj;jpy; Gy.vz;fs; 190/21> kw;Wk; 190/3 Mfpait njhlu;ghf njhlu;e;j O.S 76/2023 mry; tof;F epYtpiay; cs;sJ> vjpu;kDjhuu; Nfhtpy; epu;thfp fypangUkhs; vd;gtuhy; JiwA +u; cupikapay; ePjp kd;wj;jpy; O.S 159/2024 vd;w tof;Fk; epYtpiay; cs;sJ vd;gjidAk; gzpTld; njuptpj;Jf;nfhs;fpNwd;.” 5. In the light of the above statement, the impugned enquiry notice dated 17.12.2024 vide Na.Ka.No. A1/6615/2024 issued by the respondent/Tahsildar is quashed. The writ petition is allowed. It is left open to the parties to work out their remedy before the civil court. No costs. Consequently, connected miscellaneous petitions are closed. 24.04.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.10276 of 2025 To 1.The Tahsildar, Thuraiyur Tauk Office, Thuraiyur, Trichy District. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.10276 of 2025 V.LAKSHMINARAYANAN, J. skn Writ Petition(MD)No.10276 of 2025 and W.M.P(MD)Nos.7655 & 7656 of 2025 24.04.2025 5/5 https://www.mhc.tn.gov.in/judis