Madras High CourtWP(MD)/1165/2015dismissed

Amirthavalli, v. The District Collector,

2016-12-07Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2016 CORAM :

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.1165 of 2015 Amirthavalli ... Petitioner Vs.

1. The District Collector, Madurai.

2. The Tahsildar, Thirumangalam Taluk, Madurai District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the 2nd respondent to measure the petitioner's property comprised in S.F NO. 94/5A, S.F 95/15 , S.No. 94/11A, S.F No. 94/5B , S.F. No. 94/4B and S.F No. 94/11C of Kokulam Village, Thirumangalam Taluk, Madurai District within the reasonable time stipulated by this Court. For Petitioner : Mr.P.Ganapathi Subramanian For Respondent : Mr.T.S.Md.Mohideen Addl. Govt. Pleader

O R D E R

The petitioner seeking for a Mandamus directing the second respondent to measure the property comprised in S.F No. 94/5A, S.F 95/15 , S.No. 94/11A, S.F No. 94/5B , S.F. No. 94/4B and S.F No. 94/11C of Kokulam Village, Thirumangalam Taluk, Madurai District. 2.According to the petitioner, she has purchased those properties and sought for measurement by the Revenue Officials.

3. After notice, the learned Additional Government Pleader appearing for the respondents submitted that in respect of the very same properties, a civil suit filed by one Gurusamy and Ramayee in O.S.No.82 of 2015 on the file of Sub-Court, Madurai, is pending, wherein, the present petitioner was arrayed as second defendant. Therefore, this Court is of the view that the petitioner can review her prayer before the Revenue Officials, after the suit is disposed of. Granting such liberty to the petitioner, the present writ https://hcservices.ecourts.gov.in/hcservices/

petition is dismissed without expressing any view on the merits and claim made by the petitioner in respect of the property under dispute, as it is for the civil court to consider the same and decide on merits and in accordance with law. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Madurai.

2. The Tahsildar, Thirumangalam Taluk, Madurai District.

+ 1 CC TO Mr.P.GANAPATHI SUBRAMANIAN, ADVOCATE IN SR No. 79899 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 79999 SKN TE/SKN : 27/12/2016 : 2P/5C W.P(MD)No.1165 of 2015 07.12.2016 https://hcservices.ecourts.gov.in/hcservices/