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Mr.M.Arumugam v. P.R.Vaithiyanathan

Madras HC5 Jun 2025WMP/14123/2025

Case brief

AI extract

What is this about?

Recall petition allowed for suppression of material facts; Madras High Court; P.T. Asha J.; order dated 18.12.2024 in W.P.No.38264 of 2024 recalled; writ petition dismissed; survey/boundary stone mandamus concerning S.No.541/5, 02 Acres 55 Cents, Zameen Endathur Village, Madurantakam Taluk, Chengalpattu District; earlier rejection in W.P.No.20814/2024 with direction to approach Civil Court; petitioners A. Arumugam (recall) and P.R. Vaithiyanathan (writ); respondents include Tahsildar and Head Surveyor, Madurantakam; decided 05.06.2025.

What did the court decide?

Recall of the order dated 18.12.2024 passed in W.P.No.38264 of 2024; consequential dismissal of W.P.No.38264 of 2024; and closure of W.M.P.No.14127/2025. ¶38

Mr.M.Arumugam Vs P.R.Vaithiyanathan — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Recall of the order dated 18.12.2024 passed in W.P.No.38264 of 2024; consequential dismissal of W.P.No.38264 of 2024; and closure of W.M.P.No.14127/2025.

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Issue for consideration

Whether the order dated 18.12.2024 passed in W.P.No.38264 of 2024 should be recalled on the ground that the 1st respondent/writ petitioner suppressed material facts, namely the earlier order in W.P.No.20814 of 2024 rejecting a similar survey request relating to the very same property.

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Court's answer

The affidavit filed in support of W.P.No.38264 of 2024 made no mention of the earlier order passed in W.P.No.20814 of 2024, particularly when it related to the very same property; therefore the 1st respondent/writ petitioner approached the Court by suppressing material facts, more particularly the earlier rejection of a similar request.

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Ratio / Principle

In view of the suppression of material facts, the Recall Petition (W.M.P.No.14123 of 2025) is allowed; the order dated 18.12.2024 passed in WP.No.38264/2024 is recalled; consequently WP.No.38264/2024 is dismissed; and consequently W.M.P.No.14127/2025 is closed.

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Detailed headnote1 paragraphs

Madras High Court (P.T. Asha, J.), by order dated 05.06.2025, allowed a third-party recall petition (W.M.P.No.14123 of 2025) under Article 226 of the Constitution of India seeking recall of the order dated 18.12.2024 in W.P.No.38264 of 2024, by which the Tahsildar, Madurantakam Taluk, had been directed to survey S.No.541/5 (02 Acres 55 Cents) at Zameen Endathur Village, Madurantakam Taluk, Chengalpattu District, and lay boundary stones. The recall petitioner established that the writ petitioner's request for survey of the very same lands (Old S.No.541/6, 541/11 and patta punjai S.No.541/5) had already been rejected in W.P.No.20814/2024, where the Court had opined that the remedy lay before the Civil Court, and that this earlier order was not disclosed in the affidavit supporting the later writ petition. Holding that the writ petitioner had approached the Court by suppressing material facts, the Court recalled its order dated 18.12.2024, dismissed W.P.No.38264 of 2024, and closed W.M.P.No.14127/2025.

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WMP.No.14123 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.06.2025

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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W.M.P.No.14123 of 2025 in

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W.P.No.38264 of 2024

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Mr.A.Arumugam

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... Petitioner

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Vs. 1.P.R.Vaithiyanathan

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2.The Tahsildar Madurantakam Taluk Office, Madurantakam Chengalpattu District

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3.The Head Surveyor Madurantakam Taluk Office, Madurantakam Chengalpattu District ... Respondents

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Prayer :- Writ Miscellaneous Petition No.14123 of 2025 is filed under Article 226 of the Constitution of India to recall the order dated 18.12.2024 passed in W.P.No.38264 of 2024.

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For Petitioner : M/s.G.Rajkumar For Respondent : M/s.A.Selvendran, Spl.GP for R.2 & R.3.

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https://www.mhc.tn.gov.in/judis

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WMP.No.14123 of 2025

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O R D E R

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The above recall petition is filed seeking to recall the order passed

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by this Court on 18.12.2024 in WP.No.14123 of 2025.

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2 . The above Writ petition was filed by the 1^st respondent in this

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recall petition seeking a mandamus to the 2^nd respondent to conduct survey of the 1st respondent/petitioner's land and laying boundary stone in S.No.541/5, of an extent of 02 Acres 55 Cents, situated at Zameen Endathur Village, Madurantakam Taluk, Chengalpattu District by considering the 1st respondent's/petitioner's representation/Application dated 21.12.2023 within a reasonable time framed.

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3 . This Court by an order dated 18.12.2024 had allowed the Writ

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petition and directed the 2^nd respondent herein to conduct the survey of the land and the 1st respondent herein was directed to submit all the relevant documents to show his title of the property and respondents 2 and 3 herein were directed to issue notice to the adjacent land owners, interested parties, hold an enquiry and thereafter proceed to survey the said land.

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4 . It is thereafter that the above recall petition has been filed by a

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https://www.mhc.tn.gov.in/judis

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WMP.No.14123 of 2025

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third party on the ground that in an earlier Writ Petition (W.P.No.20814/2024), the 1st respondent's request for surveying the land has been rejected and this fact has been suppressed by the 1^st respondent herein.

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5 . The learned counsel for the petitioner had drawn the attention of the Court to this earlier Writ Petition No.20814/2024. A perusal of the same would show that the 1^st respondent/writ petitioner had filed W.P.No.20814/2024 for a mandamus to survey the lands comprised in Old S.No.541/6 and 541/11 and as per patta punjai S.No.541/5 in Zameen Endathur Village, Mathuranthagam Taluk, Chengalpattu District in the presence of the petitioner and to lay the boundary stones as per the representation of the 1st respondent/petitioner dated 21.12.2023.

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6 . In the earlier Writ Petition (W.P.No.20814/2014) after hearing the

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parties and perusing the records, this Court had opined that the 1st respondent/petitioner had to work out the remedy before the Civil Court and ultimately dismissed the Writ Petition. It is in respect of the very same lands that the present Writ Petition (W.P.No.38264 of 2024) which is the subject matter of the Recall Petition has been filed.

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https://www.mhc.tn.gov.in/judis

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WMP.No.14123 of 2025

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7 . In the affidavit filed in support of the present Writ Petition (W.P.No.38261/2024) there has been no mention about the earlier order passed in W.P.No.20814 of 2024 particularly when it relates to the very same property. Therefore, the 1st respondent/petitioner has approached this Court by suppressing the material facts more particularly the rejection of the similar request earlier.

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8 . In view of the above suppression, the Recall Petition is allowed and the order passed by this Court dated 18.12.2024 in WP.No.38264/2024 is recalled and consequently WP.No.38264/2024 is dismissed. Consequently, W.M.P.No.14127/2025 is also closed.

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05.06.2025

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(shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No

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WMP.No.14123 of 2025

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