Sankar Kumar v. The Revenue Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and WMP.No.29904 of 2021 Sankar Kumar ...

Petitioner /vs/ 1.The Revenue Tahsildar Veppur, Cuddalore District.

2.D.Saroja ...

Respondents PRAYER : The writ petition has been filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus calling for the entire records in Na.Ka.A1/1309/2020 dated 07.12.2021 from the file of the 1st respondent, quash the same and further direct the respondent to defer the measurement of the properties in S.Nos.142/4, 142/5 and 142/16 Kachimailur village, Mangalur Panchayat Union, Veppur Taluk, Cuddalore District after the judgment to be passed in O.S.No.55 of 2021 as admitted by the 2nd respondent herself.

For Petitioner ... Mr.D.Shivakumaran For Respondent ... Mrs.Senthil Selvi No.1 Government Advocate For Respondent ... Mr.L.Chandra Kumar No.2

ORDER

This writ petition has been filed to issue a Writ of Certiorarified Mandamus calling for the entire records in Na.Ka.A1/1309/2020 dated 07.12.2021 from the file of the 1st respondent, quash the same and further direct the first respondent to defer the measurement of the properties in S.Nos.142/4, 142/5 and 142/16, Kachimailur village, Mangalur Panchayat Union, Veppur Taluk, Cuddalore District after the judgment to be passed in O.S.No.55 of 2021 as admitted by the 2nd respondent herself. 2.

When the writ petition is pending, this Court appointed an Advocate Commissioner and in the presence of Advocate Commissioner, the first respondent was directed to measure the property of the petitioner, after giving notice to the petitioner and the second respondent and the Advocate Commissioner also, after inspecting the property, filed the report, which shows that the petitioner only has encroached the property and he has already filed the civil Suit in O.S.No.55 of 2021 on the file of the Principal District Munsif, Thittakudi, for declaration and injunction, which is pending.

out his remedy before the civil Court, but he has unnecessarily dragged the second respondent before this Court.

3.Considering the report of the Advocate Commissioner, the writ petition is dismissed, with direction to the petitioner to pay costs of Rs.25,000/- to the second respondent within a period of one month from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

Index : Yes/No 29.11.2023 speaking order: Yes/No sms To The Revenue Tahsildar Veppur, Cuddalore District.

P.VELMURUGAN,J.

sms and WMP.No.29904 of 2021 29.11.2023