Amaravathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD).No.15059 of 2021 Amaravathi ... Petitioner Vs.

1.The District Collector, 2.The Tahsildar, Thiruvenkadam Taluk, Thiruvenkadam, 3.The Firka Surveyor, Thiruvenkadam Taluk Office, Thiruvenkadam, 4.The Sub Inspector of Police, Thiruvenkadam Police Station, Thiruvenkadam, 5.Chandrasekar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned notice dated 15.09.2021 on the file of the third respondent and quash the same as illegal, arbitrary and without jurisdiction and consequently forbear the respondents 1 to 4 from holding any such enquiry or survey till the dispute in O.S.No.9 of 2004 on the file of the Principal Munsif Court, Sankarankovil, presently pending in S.A. (MD).No.1074 of 2008 is finally adjudicated.

For Petitioner : Mr.H.Lakshmi Shankar For R-1 to R-4 : Mr.D.Ghandiraj, Special Government Pleader.

For R-5 : Mr.S.Sarvagan Prabhu 1/3

ORDER

Heard Mr.H.Lakshmi Shankar, learned counsel for the petitioner, Mr.D.Ghandiraj, learned Special Government Pleader who appears on behalf of respondents 1 to 4 and Mr.S.Sarvagan Prabhu, learned counsel for the fifth respondent.

2. The Writ Petition has been filed in the nature of Certiorarified Mandamus particularly, questioning any action to be taken with respect to an application given by the fifth respondent to survey the lands which are in fact the subject matter of pending Second Appeal in S.A(MD).No.1074 of 2008. A stay had also been granted by this Court.

3. As on date, nothing survives for any further adjudication because, it had been very fairly stated by all the learned counsels that the second respondent / The Tahsildar, Thiruvenkadam Taluk, Tiruvenkadam, Tenkasi District by communication dated 21.10.2021 in Na.Ka.No.A9/2269/2021 stated that he would not proceed further with any application for survey but would rather await the result of the Second Appeal. A copy of the said communication had been forwarded by Mr.H.Lakshmi Shankar, learned counsel for the petitioner. The said decision of the second respondent is extremely prudent.

4. As no further orders are required, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Lm/Nsr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, 2/3

2.The Tahsildar, Thiruvenkadam Taluk, Thiruvenkadam, 3.The Firka Surveyor, Thiruvenkadam Taluk Office, Thiruvenkadam, 4.The Sub Inspector of Police, Thiruvenkadam Police Station, Thiruvenkadam, +1 CC to M/s.H.LAKSHMI SHANKAR, Advocate ( SR-36703[F] dated 01/12/2021 ) +1 CC to M/s.SPL GP ( SR-36751,31738[F] dated 01/12/2021 ) 30.11.2021 RK(23/12/2021) 3P 7C 3/3