Rajeswari K v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR K.Rajeswari : Petitioner Vs.

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Thirupathur Town Police Station, Sivagangai District.

3.The Tahsildar, Thirupathur Taluk, Revenue Office of Thirupathur Taluk, Thirupathur, Sivagangai District.

4.The Surveyor, Pudhupatti Revenue Village, Revenue Office of the Thirupathur Taluk, Sivagangai District.

5.Arun Jothi : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of certiorarified Mandamus, to call for the records of the impugned order passed by the third respondent in 1/5

O.Mu.FL/86/2021, dated 22.04.2021 and quash the same and consequently direct the third respondent to survey and demarcate the petitioner's land that of an extent of 8 3⁄4 cents in survey No.99/2A2A and 99/8 Ward No.1 of Pudhupatti Village, Thirupathur Town, Sivagangai District based on the petitioner's application, dated 22.02.2021 with the protection of the second respondent within a time frame that may be fixed by this Court. For Petitioner : Mr.I.Velpradeep For Respondents : Mr.M.Prakash, Additional Government Pleader, for R1 to R4.

: Mr.P.Aju Tagore, for R5.

O R D E R

The Writ Petition has been filed seeking orders to issue a Writ of certiorarified Mandamus, to call for the records of the impugned order passed by the third respondent in O.Mu.FL/86/2021, dated 22.04.2021 and quash the same and consequently direct the third respondent to survey and demarcate the petitioner's land that of an extent of 8 3⁄4 cents in survey No. 99/2A2A and 99/8 Ward No.1 of Pudhupatti Village, Thirupathur Town, Sivagangai District based on the petitioner's application, dated 22.02.2021 with the protection of the second respondent within a time frame that may be fixed by this Court.

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2. When the matter is taken up for hearing today (i.e., 14.06.2024), the learned counsel for the petitioner as well as the learned counsel for the private respondent would submit that the petitioner has filed a civil suit in O.S.No.21 of 2023 claiming the relief of declaration and permanent injunction with respect to the property in dispute.

3. Since the civil suit with regard to the property in dispute is pending, directing the respondents to survey the land at this point of time is not necessary. The petitioners are directed to sort out their remedy subject to the result of the suit in O.S.No.21 of 2023 pending on the file of the District Court, Sivagangai.

4. With the above observation, this Writ Petition is disposed of. No costs.

14.06.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das 3/5

To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Thirupathur Town Police Station, Sivagangai District.

3.The Tahsildar, Thirupathur Taluk, Revenue Office of Thirupathur Taluk, Thirupathur, Sivagangai District.

4.The Surveyor, Pudhupatti Revenue Village, Revenue Office of the Thirupathur Taluk, Sivagangai District.

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K.MURALI SHANKAR, J DAS Order made in Dated : 14.06.2024 5/5