Madras High CourtWP(MD)/3817/2023dismissed

N.Palaniyammal v. The Tahsildar

2023-02-24Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.3817 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3817 of 2023

1. N.Palaniyammal

2. K.Ramalingam ... Petitioners Vs.

1. The Tahsildar, Thottiyam Taluk, Tiruchirappalli District.

2. The Taluk Surveyor, Thottiyam Taluk, Tiruchirappalli District.

3. The Inspector of Police, Thottiyam police station, Tiruchirappalli District.

4. A.Jaganathan ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey and demarcate the property by erecting survey stones in survey No.420/2C measuring 0.3.00 hectare situated in Kolakkudi Village, Thottiyam Taluk, Tiruchirappalli District, with the aid of the third respondent within the time frame fixed by this Court.

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2 W.P.(MD)NO.3817 OF 2023 For Petitioner : Mr.R.J.Karthick For R-1 & R-2 : Mr.G.Suriyananth, Additional Government Pleader.

For R-3 : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side).

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O R D E R

Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing for respondents 1 and 2 and the learned Government Advocate appearing for the third respondent.

2. It is pointed out by the learned Additional Government Pleader that the petitioners had already filed W.P.(MD)No.24191 of 2022 and this Court vide order dated 20.10.2022 had passed the following order:- " 4. Considering the above said facts, this Court, without expressing any opinion on the merits of the matter, directs the respondents 1 and 2 to consider the first petitioner's application dated 24.05.2022 and 2/4

3 W.P.(MD)NO.3817 OF 2023 pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order."

3. The petitioners cannot maintain the second writ petition on the same cause of action. If according to the petitioners, the earlier direction given by this Court has not been complied with, the remedy open to the petitioners is to institute contempt proceedings. Granting such liberty to the petitioners, this writ petition stands dismissed. No costs. 24.02.2023 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.3817 OF 2023 G.R.SWAMINATHAN,J.

PMU To:

1. The Tahsildar, Thottiyam Taluk, Tiruchirappalli District.

2. The Taluk Surveyor, Thottiyam Taluk, Tiruchirappalli District.

3. The Inspector of Police, Thottiyam police station, Tiruchirappalli District.

W.P.(MD)No.3817 of 2023 24.02.2023 (2/2) 4/4