Madras High CourtWP(MD)/4559/2021disposed of

Periyasamy.C v. The District Collector

2022-06-17Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.4559 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.4559 of 2021 C.Periyasamy ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Tashildar, Taluk Office, Sathankulam, Thoothukudi District.

3.The Firka Surveyor, Taluk Office, Sathankulam, Thoothukudi District.

4.P.Diravia Raj 5.D.Ponnusamy Nadar 6.D.Tejaswini ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 2 & 3 herein to survey the land measuring about 0.40.5 hectare situated in Muthaloor Village, Sathankulam Taluk, Thoothukudi District, comprised in Survey No.308/1 by metes and bounds and demarcate the lands by considering the application filed by the petitioner on 17.02.2021 on the file of the 2nd respondent herein.

For Petitioner : Mr.S.Saravanan For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 to R3 Mr.T.R.Jeyapalam for R4 to R6

ORDER

Heard the learned counsel on either side.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.4559 of 2021 2.The petitioner wants the petition mentioned land to be surveyed. There appears to be civil suit pending between the petitioner on the one hand and the private respondents on the other. Be that as it may, during the pendency of the writ petition, the Tashildar, Sathankulam has issued memorandum dated 18.02.2021 rejecting the petitioner's request. The petitioner has to be question the same in the manner known to law. Nothing survives for further adjudication in this writ petition. I make it clear that I have not gone into the merits of the matter. The rights of the respective parties are left open. The writ petition is dismissed. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // /07/2022 Sub Assistant Registrar(CS) ias To:- 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Tashildar, Taluk Office, Sathankulam, Thoothukudi District.

3.The Firka Surveyor, Taluk Office, Sathankulam, Thoothukudi District.

+1 CC to M/s.S. SARAVANAN, Advocate ( SR-26628[F] dated 17/06/2022 ) +1 CC to M/s.T.R. JEYAPALAM, Advocate (SR-26819[F] dated 20/06/2022) +1 CC to M/s.SPL.GP ( SR-27146[F] dated 21/06/2022 ) W.P(MD)No.4559 of 2021 17.06.2022 MA(CO) GC(05.07.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2