Madras High CourtWA/3507/2023disposed of

Ramasamy v. M. Chellamuthu

2023-12-15Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Ramasamy ..

Appellant Vs.

1. M.Chellamuthu

2. The District Collector Office of the Collectorate Salem District.

3. The Tahsildar Office of the Tahsildar Thalaivasal Taluk Salem District.

4. The Head Surveyor Office of the Tahsildar Thalaivasal Taluk Salem District.

Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 23.09.2022 made in W.P.No.25606 of 2022.

For the Appellant : Mr.D.Shivakumaran For Mr.S.Mayilnathan For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 2 to 4

JUDGMENT

(Delivered by the Hon'ble Chief Justice) The present appeal is filed against the order dated 23.09.2022 in W.P.No.25606 of 2022.

2. The present appellant is not a party to W.P.No.25606 of 2022. In the said writ petition, the learned Single Judge, under order dated 23.09.2022, directed the respondents 2 and 3 herein to consider the representation dated 28.03.2022 of the first respondent herein and to take necessary steps to survey the property and fix the boundaries, after affording opportunity to the first respondent herein as well as the counter parties, if any, on merits and in accordance with law. Learned Single Judge has further observed that he has not gone into the merits of the case.

3. Learned counsel for the appellant submits that the appellant is concerned with the writ property. A civil suit is filed by the appellant herein for declaration of title with consequential relief and the same is pending. The said fact is suppressed by the original writ petitioner in the writ petition.

4. We would have certainly considered the contention of the appellant. However, learned State Government Pleader submits that the order of the learned Single Judge impugned in the writ petition is already implemented inasmuch as the property has already been surveyed after giving opportunity to the present appellant as well as the original writ petitioner/first respondent herein.

5. It is trite that the issue of title can be decided by the civil Court. The challenge is with regard to the boundaries. The same is also the subject matter of the pending civil suit. If the appellant is aggrieved by the measurement, the relevant statute provides for an appeal against the same. The aggrieved party can also file an appeal

and take necessary steps in the pending civil suit.

6. In view of the fact that the order of the learned Single Judge was implemented, we are not passing any further order in the appeal. The writ appeal, as such, stands disposed of. There will be no order as to costs. Consequently, C.M.P.No.28671 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 15.12.2023 Index : Yes/No kpl To

1. The District Collector Office of the Collectorate Salem District.

2. The Tahsildar Office of the Tahsildar Thalaivasal Taluk Salem District.

3. The Head Surveyor Office of the Tahsildar Thalaivasal Taluk Salem District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(kpl) 15.12.2023