Madras High CourtWP(MD)/12389/2022dismissed

Arumugam P v. The District Collector

2022-06-20Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.12389 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12389 of 2022 P.Arumugam ... Petitioner Vs

1. The District Collector, Collectorate building, Virudhunagar District.

2. The Tahsildar, Taluk Office, Aruppukkottai, Virudhunagar District.

3. The Head Surveyor, Aruppukkottai Taluk, Aruppukkottai, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 2 and 3 to survey and demarcate the property in Survey No.107/84-A to the extent of 13 cents situated at Bodureddiyapatti Village, Ayanpandalkudi Ullkadai, Aruppukkottai Taluk, Virudhunagar District.

For Petitioner : Mr.P.Balamurugan For Respondents : Mr.N.Ramesh Arumugam Government Advocate

ORDER

This writ petition has been filed for directing the respondents to carry out the survey in demarcation of the petition mentioned property.

2. When the matter was taken up for hearing, the learned Government Advocate pointed out that there is a rival claim and objection. He also would point out that questioning the issuance of patta in favour of the petitioner in W.P(MD)No.5558 of 2022 has been filed. The petitioner is set to be figuring as the second respondent in the said writ petition. The petitioner ought to have https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.12389 of 2022 impleaded the objectors. The petitioner is obviously aware of the existence of objection. Therefore, filing the writ petition without impleading the necessary party is clearly incorrect.

3. The writ petition is dismissed on this ground. I make it clear that it is open to the petitioner to file a fresh petition on the same cause of action by impleading the necessary parties. No costs.

Sd/- Assistant Registrar (RTI) // True Copy // /07/2022 Sub Assistant Registrar(CS) Mga To 1.The District Collector, Collectorate building, Virudhunagar District.

2.The Tahsildar, Taluk Office, Aruppukkottai, Virudhunagar District.

3.The Head Surveyor, Aruppukkottai Taluk, Aruppukkottai, Virudhunagar District.

+1 CC to M/s.SPL.GP ( SR-27114[F] dated 21/06/2022 ) +1 CC to M/s.P.BALAMURUGAN, Advocate ( SR-27570[F] dated 22/06/2022 ) W.P.(MD)No.12389 of 2022 20.06.2022 USK/05.07.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2