Aditya Shivaram Raja v. Eswaran.V

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Twenty Second day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN WMP(MD) No.9599 and 11738 of 2023 IN WP(MD) No.9069 of 2023 WMP(MD).9599 & 11738/2023 :

ADITYA SHIVARAM RAJA ... PETITIONER/3RD PARTY /PROPOSED RESPONDENT NO.7 IN WMP(MD).9599/2023 V.S.SANDEEP ... PETITIONER/PROPOSED RESPONDENT NO.7 IN WMP(MD).11738/2023 Vs 1 V.ESWARAN ... 1ST RESPONDENT/WRIT PETITIONER IN BOTH WP'S 2 THE DISTRICT COLLECTOR 3 THE REVENUE DIVISIONAL OFFICER, 4 THE TAHSILDAR 5 THE SUPERINTENDENT OF POLICE 6 THE DEPUTY SUPERINTENDENT OF POLICE, 7 THE INSPECTOR OF POLICE ... 2 TO 7 RESPONDENTS/RESPONDENTS IN WMP(MD).9599/2023 ... RESPONDENTS 1 TO 6/RESPONDENTS IN WMP(MD).11738/2023 1/4

WP(MD).9069/2023 :

V.ESWARAN ... PETITIONER VS 1 THE DISTRICT COLLECTOR 2 THE REVENUE DIVISIONAL OFFICER, 3 THE TAHSILDAR 4 THE SUPERINTENDENT OF POLICE 5 THE DEPUTY SUPERINTENDENT OF POLICE, 6 THE INSPECTOR OF POLICE ... RESPONDENTS (*)7 ADITYA SHIVARAM RAJA S/O.N.R.ALAGARAJA, ANJANTHIRIL, 2, GANDHIJI STREET, NRT NAGAR, THENI - 625 531.

(*)(R7 IS IMPLEADED VIDE COURT ORDER DATED 22.06.2023 IN WMP(MD).9599/2023 IN WP(MD). 9069/2023) (**)8 V.S.SANDEEP S/O.LATE.S.V.SWAMINATHAN, NO.38-A, BHAGAVATHY AMMAN KOVIL STREET, THENI.

(**)(R8 IS IMPLEADED VIDE COURT ORDER DATED 22.06.2023 IN WMP(MD).11738/2023 IN WP(MD). 9069/2023) 2/4

PRAYER IN WMP(MD).9599/2023 :

To Implead the petitioner / proposed respondent as 7th Respondent in the above Writ Petition in WP(MD).No.9609 of 2023 on the file of this Honble Court.

Prayer in WMP(MD). 11738/ 2023 :

To permit the petitioner to implead himself in the above writ petition in WP (MD) No.9069 of 2023 as 7th respondent. Prayer in WP(MD). 9069/ 2023 :

To issue a Writ of Mandamus, directing the 3rd respondent to survey the land in S. Nos.247/2, 251, 252, 459 1695/1A, 514/9, 1745 and 495 situated at Theni Allinagaram Village, Theni District and directing the respondents 4 to 6 to give adequate police protection to the petitioner based upon the representation of the petitioner dated 08.04.2023 within the time stipulated by this Honble High Court.

COMMON ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of M/S.SHYLLAPPA KALYAN N, Advocate for the petitioner in WMP(MD).9599/2023 and M/S.K.K.UDAYAKUMAR, Advocate for the petitioner in WMP(MD). 11738/2023 and of MR.D.S.NEDUNCHEZHIAN, Government Advocate on behalf of the Respondent Nos.2 to 7 and MR.RAM SUNDAR VIJAYRAJ, Advocate on behalf of the 1st Respondent in both WMP's the court made the following order:- Both these petitions have been filed by third parties to the Writ Petition seeking to implead themselves as further respondents in the Writ Petition.

2.The Writ Petition has been filed seeking a Mandamus against the third respondent to survey the land with respect to the lands in S.No.247/2, 251, 252, 459, 1695/1A, 514/9, 1745 and 495 at TheniAllinagar Village, Theni District. Both the impleading applicants have objections with respect to conduct of survey to a portion of the land.

3.The learned Counsel for the Writ Petitioner stated that for a substantial portion of the land, survey had been conducted, but since objections have been raised for the portions, for which objections have been raised, survey was not conducted. Since these petitioners will have to be heard in the Writ Petition, both these petitions are allowed.

4.The Registry may implead as seventh respondent, the petitioner in W.M.P.(MD)No.9599 of 2023 and as the eighth respondent, the petitioner in W.M.P.(MD)No.11738 of 2023 in the Writ Petition and carry out necessary amendments.

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5.Both the newly impleaded seventh and eighth respondents may file a counter. Let a status report be filed by the third respondent relating to the survey conducted, the objection received and the further action taken on the objection filed by the newly impleaded respondents.

6.For filing such counter and status report, list the matter on 13.07.2023.

sd/- 22/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

cmr TO 1 THE DISTRICT COLLECTOR 2 THE REVENUE DIVISIONAL OFFICER, 3 THE TAHSILDAR 4 THE SUPERINTENDENT OF POLICE 5 THE DEPUTY SUPERINTENDENT OF POLICE, 6 THE INSPECTOR OF POLICE

ORDER

IN WMP(MD) No.9599 and 11738 of 2023 IN WP(MD) No.9069 of 2023 Date :22/06/2023 RS/VR/SAR-(06.07.2023) 4P 7C 4/4