Madras High CourtWP(MD)/21476/2024disposed of

V.Indrani v. District Collector

2024-09-10Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)No.18173 of 2024 V.Indrani .. Petitioner Vs.

1.The District Collector, Theni District.

2.The Tahsildar, Andipatti Taluk, Theni District.

3.The Taluk Surveyor, Andipatti Taluk, Theni District.

4.Marriappan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records in impugned summons R.T.R.F.L No.2024/0105/25/001745 dated

05.08.2004 on the file of the third respondent Taluk Surveyor, Andipatti Taluk herein and quash the same and consequently direct the respondents to give opportunity to submit his objections based on the pending civil suit between the parties in O.S.No.54/2024 on the file of the District Judge, Theni.

For Petitioner :

Mr.J.Gunaseelan Muthiah For R1 to R3 :

Mr.B.Saravanan, Additional Government Pleader

ORDER

This Writ Petition is filed challenging the impugned summons R.T.R.F.L No.2024/0105/25/001745, dated 05.08.2004 on the file of the third respondent, and quash the same and consequently, to direct the respondents to give opportunity to submit his objections, based on the pending civil suit between the parties in O.S.No.54/2024 on the file of the District Judge, Theni.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3.

3.When the matter came up for hearing today, it is informed by the learned Additional Government Pleader appearing for the respondents 1 to 3 that the fourth respondent has suppressed the pendency of the civil suit in O.S.No.54of 2024 before the District Court, Theni and obtained orders for surveying the lands by filing a writ petition in W.P(MD)No. 14004 of 2024 before this Court. Since the pendency of the civil suit is now brought to the notice of the first respondent, the respondents have dropped the survey and demarcation of the said land. 4.Recording the aforesaid submissions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

10.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes Ns

P.T.ASHA, J.

Ns To 1.The District Collector, Theni District.

2.The Tahsildar, Andipatti Taluk, Theni District.

3.The Taluk Surveyor, Andipatti Taluk, Theni District.

and W.M.P(MD)No.18173 of 2024 Dated: 10.09.2024