Madras High Court
P.Chinnukalai vs K.Selvendran on 3 August, 2021
W.A.(MD)No.1512 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :03.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1512 of 2021
and
C.M.P.(MD)No.6204 of 2021
P.Chinnukalai ... Appellant
Vs.
1.K.Selvendran ... Respondent No.1
2.The Tahsildar,
Vadipatti Taluk,
Vadipatti,
Madurai District.
3.The Head Surveyor,
Vadipatti Taluk,
Vadipatti,
Madurai District.
4.The Inspector of Police,
Kadupatti Police Station,
Kadupatti,
Samayanallur Sub Division,
Madurai District. ... Respondents 2 to 4
PRAYER: Appeal filed under Clause 15 of Letters Patent against the order
passed by this Court in W.P.(MD)No.10937 of 2021, dated 02.07.2021, on the
file of this Court.
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W.A.(MD)No.1512 of 2021
For Appellant : Mr.C.Jeyaprakash
For Respondents : Mr.B.Saravanan
Government Advocate
for R.2 to R.4
*****
JUDGMENT
(Judgment of this Court was made by M.DURAISWAMY,J.)
Challenging the order passed in W.P.(MD)No.10937 of 2021, the fourth
respondent in the writ petition has filed the above Writ Appeal.
2. The writ petitioner filed the writ petition for the issuance of a Writ of
Mandamus, directing the respondents 1 and 2 to consider the petitioner's
application dated 07.06.2021, requesting the respondents 1 and 2 to
demarcate the measured land in Survey No.197/4A2 with the help of the third
respondent/police, within a time frame.
3. The learned Single Judge, taking into consideration the case of both
parties, disposed of the writ petition, directing the respondents 1 and 2 in the
writ petition, to act upon the application submitted by the writ petitioner and
fix the date for the survey of the subject property. Further, the learned Single
Judge directed the authority to issue notice to the fourth respondent in the
writ petition, who is the appellant herein. Further, it has been ordered that
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W.A.(MD)No.1512 of 2021
the survey shall be conducted based on the title documents of the parties.
The learned Single Judge also observed that thereafter, the official
respondents shall fix the boundaries and demarcate the property and if there
is any resistance on the part of the appellant, it is left open to the offical
respondents to take the help of the Police.
4. Challenging this order, the fourth respondent in the writ petition has
filed the above writ appeal.
5. On a reading of the order passed by the learned Single Judge, it is
clear that the learned Single Judge has directed the official respondents to
issue notice to the appellant and also give liberty to the parties to produce the
title documents and further directed the official respondents to fix the
boundaries and demarcate the property, after considering the title documents.
Therefore, we are of the considered view that the appellant shall not be
prejudiced in any manner by the order passed in the writ petition.
6. The learned Counsel for the appellant submitted that pursuant to the
order passed in the writ petition, the official respondent issued notice, dated
12.07.2021, calling upon him to appear for enquiry on 20.07.2021, but, the
official respondent refused to receive the title documents from him. However,
the appellant has not produced any proof for the production of the title
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W.A.(MD)No.1512 of 2021
documents before the official respondent on 20.07.2021. That apart, the said
ground has not been raised as a ground in the writ appeal. Therefore, the
submission made by the learned Counsel for the appellant cannot be
accepted.
7. For the reasons stated above, we do not find any reason to interfere
with the order passed in the writ petition. Accordingly, the Writ Appeal is
dismissed. No costs. Consequently, the connected Miscellaneous Petition is
also dismised. It is needless to say that the official respondent shall fix the
boundaries and demarcate the property, only after considering the title
documents of the parties, as ordered by the learned Single Judge in W.P.
(MD)No.10937 of 2021, dated 02.07.2021.
8. The learned Counsel for the appellant submitted that the appellant
would produce all the documents immediately on reeipt of the notice from the
official respondent.
Index :Yes/No (M.D.,J.) (S.A.I.,J.)
Internet :Yes/No 03.08.2021
SSL
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1512 of 2021
To
1.The Tahsildar,
Vadipatti Taluk,
Vadipatti,
Madurai District.
2.The Head Surveyor,
Vadipatti Taluk,
Vadipatti,
Madurai District.
3.The Inspector of Police,
Kadupatti Police Station,
Kadupatti,
Samayanallur Sub Division,
Madurai District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1512 of 2021
M.DURAISWAMY,J.
AND
S.ANANTHI,J.
SSL
W.A.(MD)No.1512 of 2021
and
C.M.P.(MD)No.6204 of 2021
03.08.2021
https://www.mhc.tn.gov.in/judis/
