A.Anandhi, W/O.Avudaiyappan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI A.Anandhi ... Petitioner versus

1. The Tashildar, Devakottai Taluk, Sivagangai District.

2. N.Palaniyappan ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to forbear the first respondent from measuring the petitioner's land in Old Survey No. 133/1, New Survey No.211/3 situated at Thanichavoorani Village, Sirumaruthur Group, Kandadevi Panchayat, Sivagangai District, subject matter of Suit in O.S.No.83 of 2015 on the file of the District Munsif, Devakottai, Sivagangai District, by considering her representation dated 07.10.2016.

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For Petitioner : No appearance For R1 : Mr.M.Sarangan, Additional Government Pleader For R2 : No appearance

ORDER

This writ petition is filed for a Mandamus, forbearing the first respondent from measuring the petitioner's land in Old Survey No. 133/1, New Survey No.211/3 situated at Thanichavoorani Village, Sirumaruthur Group, Kandadevi Panchayat, Sivagangai District, till the disposal of the suit in O.S.No.83 of 2015 before the District Munsif, Devakottai, Sivagangai District.

2. When the matter was taken up for hearing on 14.06.2023, there was no representation for the petitioner. Therefore, the matter was directed to be listed today. Even today, there is no representation for the petitioner.

3. The learned Additional Government Pleader, on instructions, submits that as per the Revenue Records, the land stands in the name of 2/4

the second respondent. Further, this Court, while disposing of the writ petition in W.P.(MD)No.16307 of 2016 filed by the second respondent, on 31.08.2016, directed the respondent to conduct survey on the second respondent's land. However, the petitioner, by filing the suit in O.S.No.83 of 2015 before the District Munsif, Devakottai, Sivagangai District and without reference to the above said order, has filed this writ petition.

4. The prayer sought for in this writ petition cannot be maintained. If the petitioner is having any grievance with regard to the title of the property, she has to work out her remedy in O.S.No.83 of 2015 pending before the District Munsif, Devakottai, Sivagangai District. Accordingly, this writ petition is dismissed. No costs. 21.06.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

ogy To

1. The Tashildar, Devakottai Taluk, Sivagangai District.

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