Madras High CourtWP(MD)/566/2017dismissed

J.A.Amalraj v. The Tahsildar

2022-06-07Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.566 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.566 of 2017 J.A.Amalraj ... Petitioner Vs 1.The Tahsildar, Athur Taluk, Dindigul District.

2.The Surveyor, Athur Taluk, Dindigul District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey and locate the four boundaries of petitioner's punjai land measuring an extent of 51⁄4 cents morefully 2289 sq.ft., situate in Sry.No.143/1C4 with relevant sub division Sry.No.143/9 at Athur Village, Dindigul Taluk, Athur Sub Registration, Dindigul Registration based on his representation dated 09.12.2016. For Petitioner : Mr.A.Arul Jenifer For Respondents : Mr.M.Sarangan Additional Government Pleader

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. 2.The prayer in this writ petition is for surveying and installing the survey stones for the petition mentioned property. 3.It must be noticed at the outset that the contestant has not been made as a respondent. Be that as it may, the learned Additional Government Pleader pointed out that the petitioner had already filed W.P.(MD) No.17036 of 2014 seeking the very same relief and a direction was also given on 17.10.2014. Pursuant to the said direction, it is stated that the survey exercise was undertaken, the petitioner's land was duly measured and stones were also installed by the petitioner himself.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.566 of 2017 4.It appears that the contestant, namely, Pazhanichamy had removed the stones. That led to the filing of the fresh writ petition. I am afraid that filing of a second writ petition for the same cause of action may not be maintainable. If the petitioner has any dispute with the said Pazhanichamy, the only course open to the petitioner is to file a civil suit for appropriate relief against him.

5.With this liberty to the petitioner, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) mm 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 Tahsildar, Athur Taluk, Dindigul District.

2.The Surveyor, Athur Taluk, Dindigul District.

+1 CC to M/s.SPL.GP ( SR-24892[F] dated 09/06/2022 ) W.P.(MD) No.566 of 2017 07.06.2022 SG(CO) TR(13.06.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2