Mayakkal v. The Thasildhar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)Nos.7192 & 7194 of 2021 Mayakkal ... Petitioner /Vs./
1. The Thasildhar Usilampatti Taluk, Madurai District
2. The Surveyor Survey Department, Usilampatti Taluk, Madurai District.
3. Kannan
4. Boominathan
5. Murugesan
6. Ameer,
7. Podhumani .. Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent pertaining to the Patta No.645 issued in respect of the property comprised in S.No.17/2(17/2C) and extent of 50 cents situated at Pullaneri Village, Chekkanoorani Village, Madurai District, in the name of respondents 3 to 7 quash the same, as the same is arbitrary 1/4
Ultra vires contrary to the principles of Natural Justice Audi Alteram partem and consequently direct the first respondent to conduct an enquiry afresh affording opportunity to the petitioner. For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.D.Gandhiraj Special Government Pleader for R1&2
ORDER
This Writ Petition has been filed to call for the records of the first respondent pertaining to the Patta No.645 issued in respect of the property comprised in S.No.17/2(17/2C) and extent of 50 cents situated at Pullaneri Village, Chekkanoorani Village, Madurai District, in the name of respondents 3 to 7 and quash the same and consequently, to direct the first respondent to conduct an enquiry afresh affording opportunity to the petitioner.
2. The petitioner filed a suit in O.S.No.175 of 2021, on the file of the Subordinate Court, Usilampatti, for declaration, declaring that the subject property is in his favour.
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3. While pending the suit, an Advocate Commissioner was appointed and in the presence of the Advocate Commissioner, the property was also surveyed and submitted report before the trial Court. Therefore, the prayer sought for by the petitioner become infructuous.
4. Accordingly, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed. 26.11.2024 Internet : Yes/No NCC : Yes / No Index : Yes/No LS TO:-
1. The Thasildhar Usilampatti Taluk, Madurai District
2. The Surveyor Survey Department, Usilampatti Taluk, Madurai District.
3.The Subordinate Court, Usilampatti.
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G.K.ILANTHIRAIYAN , J.
LS Order made in Dated:
26.11.2024 4/4