Annamalai, S/O.Kothandan v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2018

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No. 19317 of 2013 and M.P.No.1 of 2013 Annamalai

...Petitioner

Rep by Power Agent B.Balaraman Vs 1.The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.

2.The Tahsildar, Taluk Office, Thiruvannamalai District.

3.Taluk Surveyer, Thiruvannamalai District.

4.Balasubramanian 5.Illavanmathisudinan 6.Aruneswaran

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to measure the petitioner's property in accordance with the document No.997/2010 and 8497/2008 on the file of SRO II, Tiruvannamalai in respect of property measuring 1700 sq.ft in Ts No.43/2 in Ward No.1 Block No.3 Tiruvannamalai and consequently issue patta in the name of the petitioner. For Petitioner : Mr.P.R.Balasubramaninan For Respondents : Mr.R.S.Selvam Government Advocate for R1 to R3 : Mr.P.Mani for R4 to R6

O R D E R

The relief sought for in this writ petition is for a direction to direct the respondents 1 to 3 to measure the petitioner,s property in accordance with the document No. 997/2010 and 8497/2008 on the file of SRO II, Tiruvannamalai in respect of property measuring 1700 sq.ft., in TS No. 43/2 in Ward No.1 Block No.3 Tiruvannamalai and consequently issue patta in the name of the petitioner.

2. The learned counsel for the writ petitioner states that the 5th respondent has already filed Civil Suit No. 32 of 2014 before the Additional District Munsif Court, Thiruvannamalai. On account of certain issues in relation to the identification of the property, the Suit was filed. However, it is brought to the notice of this Court that the parties have filed Interlocutory Application for appointment of Commission under Order 26 of the Civil Procedure Code and that all such remedies shall be redressed by putting forth their grievances before the Civil Court for appropriate remedy.

3. In view of the Civil Suit has already been filed, no further consideration is required, as the parties can adjudicate this issue before the Competent Forum to redress their grievances.

4. Accordingly, the writ petition is closed. Consequently connected miscellaneous petition is also closed. No costs. Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar rst/kmm To 1.The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.

2.The Tahsildar, Taluk Office, Thiruvannamalai District.

3.Taluk Surveyer, Thiruvannamalai District.

+1cc to Mr.PR.Balasubramanian, Advocate SR.No.65447 +1cc to Government Pleader SR.No.65486 W.P.No. 19317 of 2013 and M.P.No.1 of 2013 GMY(23/10/2018)