Madras High CourtWP(MD)/11838/2022dismissed

Kulanthaivel.A v. The Thahsildhar

2022-06-15Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.11838 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11838 of 2022 A.Kulanthaivel ... Petitioner Vs.

1.The Tahsildhar, Office of the Tahsildhar, Kadaladi (Taluk), Ramanathapuram District.

2.The Head Surveyor, Office of the Tahsildhar, Kadaladi (Taluk), Ramanathapuram District.

3.Muniswaran 4.Senthilkumar 5.Muniyandi 6.Muthuramalingam ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 & 2 herein to survey and measure the petitioner's landed property comprised in S.Nos.160/7, 161/9, 182/8, 287/2B, 287/2C, 304/141 vide Patta No.1367 and S.No.168/7B2, 172/8A vide patta no.1380 and to fix boundary stones situated at Maravar Karisal Kulam Group, Ochathevan Kottai Village Kadaladi (Taluk) Ramanathapuram District by considering the petitioner's representation dated 30.11.2021 within the time fixed by this Court.

For Petitioner : Mr.V.Selvakumar For R1 & R2 : Mr.M.Prakash Additional Government Pleader

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for R1 & R2.

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 rival claim and that the appeal filed by the private respondents is pending before the Revenue Divisional Officer. Since there is a rival claim, it may not be proper for this Court to direct the jurisdictional Tahsidhar to conduct survey. The appeal is presently https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.11838 of 2022 pending before the Revenue Divisional Officer, Paramakudi. The Revenue Divisional Officer, Paramakudi, is directed to dispose of the appeal filed by the private respondents on merits and in accordance with law, after hearing the petitioner herein, within a period of twelve weeks from the date of receipt of a copy of this order.

4. Leaving open the rights of the parties, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // /06/2022 Sub Assistant Registrar(CS) rmi To 1.The Tahsildhar, Office of the Tahsildhar, Kadaladi (Taluk), Ramanathapuram District.

2.The Head Surveyor, Office of the Tahsildhar, Kadaladi (Taluk), Ramanathapuram District.

3.The Revenue Divisional Officer, Paramakudi.

+1 CC to M/s.SPL.GP ( SR-26152[F] dated 16/06/2022 ) W.P.(MD)No.11838 of 2022 15.06.2022 ks(CO) GC(24.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2