Madras High CourtWP(MD)/2248/2024disposed of

Selvakumar v. The District Collector

2024-02-05Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Selvakumar ... Petitioner Vs 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Oddanchathiram Taluk, Dindigul District.

3.The Surveyor, Oddanchathiram Taluk, Dindigul District.

4.Chenniyappan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 not to conduct the survey in connection with property comprised in Survey Nos.638/3A and 639/2A1 situated at Kallimandhaiyam Village, Oddanchathiram Taluk, Dindigul District till the disposal of the suit in O.S.No.72 of 2023 pending on the file of the learned District Munsif Court, Oddanchathiram, Dindigul District on the basis of the petitioner's representation dated 19.12.2023. 1/4

For Petitioner : Mr.A.Arumugam For R1 to R3 : Mr.P.Thambidurai Government Advocate For R4 : Mr.N.Adithya Vijayan

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 not to conduct the survey in connection with property comprised in Survey Nos.638/3A and 639/2A1 situated at Kallimandhaiyam Village, Oddanchathiram Taluk, Dindigul District till the disposal of the suit in O.S.No.72 of 2023 pending on the file of the learned District Munsif Court, Oddanchathiram, Dindigul District on the basis of the petitioner's representation dated 19.12.2023.

2. By consent, this writ petition is disposed of at the admission itself. 3.Heard Mr.A.Arumugam, learned counsel appearing for the petitioner, Mr.P.Thambidurai, learned Government Advocate appearing for the respondents 1 to 3 and Mr.N.Adithya Vijayan, learned counsel appearing for the fourth respondent.

4. The learned Government Advocate appearing for the respondents 1 to 3 on instructions would submit that already survey has been conducted 23.01.2024 and therefore, nothing survives for adjudication in this matter. 2/4

5. Recording the submission of the learned Government Advocate, this writ petition is disposed of. If the petitioner is claiming any right he has to approach the competent civil Court. No costs.

Index : Yes/No Internet : Yes/No 05.02.2024 am To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Oddanchathiram Taluk, Dindigul District.

3.The Surveyor, Oddanchathiram Taluk, Dindigul District.

3/4

V.BHAVANI SUBBAROYAN, J.

am 05.02.2024 4/4