The Executive Officer, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2018 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.12306 of 2018 The Executive Officer, Arulmighu Sri Nachiyar (Andal) Thirukkovil H R C & E Department, Srivilliputhur, : Petitioner Vs.

1. The Commissioner, Srivilliputhur Municipality,

2. The Town Surveyor, Srivilliputhur Town Municipality, Srivilliputhur,

3. The District Collector,

4. The Tahsildar, Srivilliputhur Taluk Office, Srivilliputhur.

5. The Taluk Head Surveyor, Srivilliputhur Taluk Office, Virudhunagar District. : Respondents (R2 to R5 are impleaded as per order in W.M.P.(MD)No.13593 of 2018, dated 23.07.2018.) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings issued by the Tahsildar, Srivilliputhur in Na.Ka.No.S1/5647 dated 13.06.2018 and quash the same as illegal and unlawful and consequently direct the respondents herein particularly the proposed respondents 4 and 5 herein to survey and demarcate the land of Arulmighu Sri Nachiyar (Andal) Thirukkovil situated in T.S.No.1504, Survey Block No.13, Survey Ward No.1, Srivilliputhur Town, Virdhunagar District within the time stipulated by this Court.

(Prayer amended as per order in W.M.P.(MD)No.13593 of 2018 dated 23.07.2018) For Petitioner : Mr.P.Mahendran For R1 : Mr.P.Srinivas For R2 to R5 : Mr.J.Gunaseelan Muthiah Additional Government Pleader

ORDER

The Commissioner of Srivilliputhur Municipality and Tahsildar had cancelled the request of re-survey the land in T.S.No.1504, Survey Block No.13, Survey Ward No.1, Srivilliputhur Town, Virdhunagar District. A civil suit in O.S.No.177 of 2017 is pending for the subject matter of land.

2.The learned counsel by relying upon the case status in O.S.No.177 of 2007 submitted that the suit was already disposed of on 18.06.2012 and even otherwise the subject matter of the suit in O.S.No.177 of 2017 pertains to some other private party and the land in Survey No.1504 belonging to the petitioner herein. 3.Apparently, the impugned order is erroneous. As such, the impugned dated 23.05.2018 passed by the Commissioner and order dated 13.06.2018 passed by the Tahsildar are set aside and remanded back to the Tahsildar for fresh consideration of the petitioner's application dated 23.04.2018. Such exercise shall be done, after giving due opportunity to the parties and any other persons, who are interested in the subject matter, within a period of six weeks from the date of receipt of a copy of this order. 4.With the above observations and directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The Commissioner, Srivilliputhur Municipality,

2. The Town Surveyor, Srivilliputhur Town Municipality, Srivilliputhur,

3. The District Collector,

4. The Tahsildar, Srivilliputhur Taluk Office, Srivilliputhur.

5. The Taluk Head Surveyor, Srivilliputhur Taluk Office, + 1 CC TO Mr.P.SRINIVAS, ADVOCATE IN SR No. 74585 + 1 CC TO Mr.P.MAHENDRAN, ADVOCATE IN SR No. 74600 GNS TE/RP/SAR-1 : 03/09/2018 : 3P/8C W.P.(MD)No.12306 of 2018 23.07.2018