Madras High CourtWA(MD)/1014/2025disposed of

M.Pandi v. C.Punitha

2025-04-21Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 21/04/2025

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs. JUSTICE S.SRIMATHY and CMP(MD) No.6408 of 2025 M.Pandi ... Appellant Vs 1.C.Punitha ... 1st respondent/Writ Petitioner 2.The District Collector District Collectorate, Madurai District.

3.The Superintendent of Police, Madurai District, Madurai.

4.The Tahsildar, Thirupparankundram Taluk Office at Thirunagar, Madurai 625 006.

5.The Inspector of Police, Perungudi Police Station Madurai District 625 022 1/7

6.The Taluk Surveyor, Thirupparankundram Taluk Thirupparankundram Taluk Office at Thirunagar Madurai District ... Respondents 2 to 6/ Respondents 1 to 5 PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the order of this Court dated 20.02.2025 in WP(MD). No. 4558 of 2025. For Appellants : Mr.M.Kannan For Respondents : Mr.V.Baskaran for R1 Mr.M.Sarangan for R2,R4 and R6 Additional Government Pleader Mr.A.Albert James for R3 and R5 Government Advocate (Crl. side)

JUDGMENT

(Judgment of the Court was delivered by S.SRIMATHY, J.) The writ appeal is directed against the order of the writ Court dated 20.02.2025 passed in WP(MD). No. 4558 of 2025.

2. The 6th respondent in the writ petition is the appellant herein.

3. The case of the appellant is that he is the 6th respondent in the writ petition. The writ petition was filed for a direction to the official 2/7

respondents to conduct survey of the writ petitioner's property, based on his representation dated 06.12.2024. The writ Court had disposed the writ petition directing the Taluk Surveyor to conduct survey of the petition mentioned property within a period of twelve weeks. Challenging the said direction, the appellant is before this Court.

4. The learned counsel for the appellant contended that already he has filed a writ petition and the same is pending before this Court in WP(MD) No.30094/2024, wherein, the writ Court had also granted an interim order on 13.12.2024. When there is already an interim order passed in the connected writ petition, by suppressing the same, the first respondent/writ petitioner has filed another writ petition, wherein, the writ Court directed the Taluk Surveyor to conduct survey of the petition mentioned property. Therefore, the learned counsel prays for interference.

5. Heard the learned counsel for the appellant, the learned counsel for the 1st respondent, the learned Additional Government Pleader for the respondents and the learned Government Advocate for the respondents 3/7

and perused the materials available on record.

6. It is brought to the notice of this Court that the appellant had earlier filed a writ petition in WP(MD) No.30094/2024, wherein, an order of status quo was granted by the writ Court on 13.12.2024. For the sake of convenience, the said order is extracted hereunder: "Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 to 3.

2. Notice to the respondents 4 to 14, returnable by 20.01.2025. Private notice is also permitted.

3. The learned counsel appearing for the petitioner submits that taking advantage of the impugned order issued in favour of the fourteenth respondent, the fourteenth respondent is instigating the official respondents to survey the property to forcibly evict the petitioner from the subject property and therefore, he submits that an order of interim stay may be granted.

4. I find a prima case is made out and hence, there shall be an order of interim stay till 20.01.2025. 5. Post the matter on 20.01.2025."

7. The order impugned in this appeal was passed on 20.02.2025, ie., after the interim order passed by the writ Court in WP(MD) No. 30094/2024. In the order impugned, the writ Court directed the 4/7

authorities to conduct survey of the land in question, however with police protection. The writ petitioner had suppressed the pendency of the writ petition filed by the appellant herein and obtained an order. When there is an order of status quo in another writ petition, this Court is inclined to set aside the order of the writ Court and the matter is remitted back to the writ Court for fresh hearing. The writ Court is requested to tag WP(MD) No.30094 of 2024 along with WP(MD) No.4558 of 2025 and pass final orders.

8. Accordingly, the writ appeal is disposed of. No costs. Consequently connected Miscellaneous Petition is closed. No costs. Consequently connected Miscellaneous Petition is closed. [J.N.B.,J] [S.S.Y.,J] 21.04.2025 NCC : Yes/No Index : Yes/No RR 5/7

TO 1.The District Collector District Collectorate, Madurai District.

2.The Superintendent of Police, Madurai District, Madurai.

3.The Tahsildar, Thirupparankundram Taluk Office at Thirunagar, Madurai 625 006.

4.The Inspector of Police, Perungudi Police Station Madurai District 625 022 5.The Taluk Surveyor, Thirupparankundram Taluk Thirupparankundram Taluk Office at Thirunagar Madurai District 6/7

J.NISHA BANU, J AND S.SRIMATHY, J.

ORDER

IN WA(MD) No.1014 of 2025 Date : 21/04/2025 7/7