Madras High CourtWP(MD)/10654/2015disposed of

M. Anandan, v. The Tahsildar,

2015-06-29Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Friday, the Twenty Fourth day of January Two Thousand Twenty PRESENT The Hon`ble Mr Justice R.MAHADEVAN MP(MD). 2 of 2015 in WP(MD). No.10654 of 2015 V.P.A.P.Renganathan ... Petitioner/Aggrieved party - Vs. -

1. The Tahsildhar Madurai South Taluk, District Collectorate, Madurai - 625 020.

...Respondent/Respondent

2. M.Ananthan ... Respondent/petitioner Prayer in MP(MD). 2/ 2015 :

Writ Miscelleneous petition filed under Article 226 of the constitution of India to Recall the order dated 29.06.2015 passed in W.P.(MD) No. 10654 / 2015 by this Honble Court. Prayer in WP(MD).10654/2015 :- Writ petition filed under Article 226 of constitution of India to issue a Writ of Mandamus, directing the respondents to survey the petitioner property bearing Survey No. 2/5A1 situated at Kallambal, Panaiyur Post, Madurai District by considering the representation sent by the Respondent dated 19.06.2015. ORDER:- This writ petition coming up for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s.R.Aravindraj, Advocate for the Petitioner and of Mr.Gunaseelan Muthiah For R1, Mr.R.Murugappan, For R2, Advocate for the respondent, this Court made the following order:

This petition is filed by the petitioner/third party, to recall the order dated 29.06.2015 passed by this Court in WP (MD) No.10654 of 2015. It is averred in the affidavit filed in support of this petition that there are rival claims and civil suits pending with regard to the property in question, however suppressing the said fact, the second respondent /writ petitioner has obtained an order in the said writ petition.

2.Today, when the matter was taken up for consideration, the learned counsel for the petitioner fairly submitted that he has not filed the present petition for the aforesaid relief and hence, this petition may be dismissed.

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3.Further, in the order dated 29.06.2015, which is sought to be recalled herein, this Court has not expressed any opinion on the merits of the claim made by the second respondent/writ petitioner, but only directed the first respondent herein to consider the representation dated 19.06.2015 with regard to survey the property in S.No.2/5A1 situated at Kallambal, Panaiyur Post, Madurai District, on merits and in accordance with law, after giving notice to the interested parties, if any, within a period of two months from the date of receipt of a copy of that order. Hence, there is no necessity to recall the said order.

4.In such view of the matter, this Miscellaneous Petition stands dismissed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) TO The Tahsildar, Madurai South Taluk District Collectorate, Madurai.

ORDER DATED : 24/01/2020 ==========================

ORDER

========================== MP(MD). 2 of 2015 in WP(MD). No.10654 of 2015 Giving direction and etc.

as stated within.

VB(02.03.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/