Mrs. P.Maragatham, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH P.Maragatham
...Petitioner
Vs.
1.The District Collector, Collectorate Building, Dindigul District.
2.The District Surveyor, Collectorate Building, Dindigul District.
3.The Superintendent of Police, O/o. The Superintendent of Police, Kanyakumari District.
4.The Thasildar, Collectorate Building, Palani Taluk, Dindigul District.
5.The Inspector of Police, Eraniel Police Station, Eraniel, Kanyakumari District.
6.M.Alamarathan ... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to survey the land to an extent of Hectare 2.10.00 situated at Survey No.1325/1B in 29 East Ayakudi Village, Palani Taluk, Dindigul District and to fix the boundary stones with adequate police protection by the respondents 3 and 5. For Petitioner : Mr.T.Lajapathi Roy For R-1 to R-5 : Mr.S.Shanmugavel Government Advocate (Civil) For R-6 : Mr.D.Venkatesh 1/3
ORDER
This writ petition has been filed for the issue of a Writ of Mandamus, directing the second respondent to survey the subject property and to lay the boundary stones.
2.The learned counsel for the sixth respondent submitted that a suit has been filed by the wife of the sixth respondent in O.S.No.149 of 2013 on the file of the District Munsif Court, Palani, with respect to the very same subject property and the case is now at the stage of the cross examination of D.W.1., namely, the petitioner.
3.In view of the above development, the relief as sought for by the petitioner cannot be granted by this Court and the petitioner and the second respondent will have to necessarily await for the final judgment and decree. Thereafter, they can workout their remedy before the revenue authorities. 4.This Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) rm Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The District Collector, Collectorate Building, Dindigul District.
2.The District Surveyor, Collectorate Building, Dindigul District.
3.The Superintendent of Police, O/o. The Superintendent of Police, Kanyakumari District.
4.The Thasildar, Collectorate Building, Palani Taluk, Dindigul District.
5.The Inspector of Police, Eraniel Police Station, Eraniel, Kanyakumari District.
+1 CC to SPL GP ( SR-19768[F] dated 21/06/2021 ) +1 CC to MR.T.LAJAPATHYROY, Advocate ( SR-19826[F] dated 22/06/2021 ) 18.06.2021 KM(30.06.2021) 3P 8C 3/3