Madras High CourtWP(MD)/8998/2022disposed of

Muthukumar .G v. The Tahsildar

2022-06-13Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)NO.8998 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8998 of 2022 G.Muthukumar ... Petitioner Vs.

1. The Tahsildar, Theni Taluk Office, Theni District.

2. The Taluk Surveyor, Theni Taluk Office, Theni.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to survey and demarcate his landed property comprised in Survey No.866/1B2A measuring an extent of 0.4.04 Ares equaling 10 cents situated at Veerapandi Village, Theni Taluk, Theni District. For Petitioner : Mr.M.Eswaran For Respondents : Mr.M.Sarangan, Additional Government Pleader.

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

2. The petitioner wants the petition mentioned lands to be surveyed.

3. When the matter was taken up for hearing, the learned Additional Government Pleader pointed out that there is a civil dispute involving the petition mentioned land and that it is a subject matter of O.S.No.56 of 2020 on the file of the District Munsif Court, Theni.

4. The petitioner is figuring as one of the defendants in the said suit. The next hearing date is said to be on 13.07.2022. The jurisdictional civil Court is directed to dispose of the said suit on merits and in accordance with law within a period of twelve https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)NO.8998 OF 2022 months from the date of receipt of a copy of this order. When the civil dispute is pending, it is not open to the revenue authorities to carry out the work of survey and demarcation. That is why, I am not in a position to grant relief to the petitioner herein.

5. This writ petition stands dismissed, with the aforesaid direction to the jurisdictional civil Court. No costs. Sd/- Assistant Registrar(RTI) // True Copy // /06/2022 Sub Assistant Registrar(CS) PMU To:

1. The Tahsildar, Theni Taluk Office, Theni District.

2. The Taluk Surveyor, Theni Taluk Office, Theni.

COPY TO The District Munsif, Theni.

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-25487[F] dated 14/06/2022 ) +1 CC to M/s.SPL.GP. ( SR-25599[F] dated 14/06/2022 ) W.P.(MD)No.8998 of 2022 13.06.2022 NSN(CO) TR(24.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2