Madras High Court
P.Sakthivel vs The State Of Tamil Nadu on 6 January, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)NO.1405 OF 2016
P.Sakthivel :Petitioner/Appellant
.vs.
1.The State of Tamil Nadu,
represented by the Tahsildar,
Taluk Office,
Trichy West Taluk,
Trichy District-1.
2.The Taluk Land Surveyor,
Office of the Taluk Land Surveyor,
Trichy West Taluk,
Trichy District.
3.The Inspector of Police,
Edaimalaipatti Pudur Police Station,
Trichy District.
4.P.Vellaiammal
5.K.Vijaya
6.P.Ponnambalam
7.P.Kannan : Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order passed by this Court in
W.P(MD)No.14399 of 2016, dated 09.09.2016.
http://www.judis.nic.in
2
For Appellant :Mr.S.Rajasekar
for M/s.T.Lajapathi Roy
For Respondents :Mr.P.Mahendran
1 to 3 Addl.Govt.Pleader
For Respondents :Mr.Antony Arul Raj
4 to 7
JUDGMENT
*************
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.]
This Writ Appeal has been filed seeking to set aside the order
passed by this Court in W.P(MD)No.14399 of 2016, dated
09.09.2016.
2.Originally, the Writ Petition was filed for a mandamus
directing the respondents 1 and 2 to survey the land and mark
the boundaries of the Petitioner's property in Village Survey No.
158/12B, Ward AL, Block No.33, Town Survey No.9/1, situated at
Prattiyur East Village, Trichy West Taluk, Trichy District.
3.This Court, after hearing the parties, specifically found that
from the order passed by the first respondent and the extent that
has been encroached, has already been clearly demarcated by the
first respondent. Admittedly, there is a suit, which is pending, filed
by the respondents 4 to 7 herein in O.S.No.1259 of 2013, on the
file of the District Munsif Court, Tiruchirappalli, challenging the
http://www.judis.nic.in
order of the first respondent. The said order, dated 11.09.2013 in
Na.Ka.Aa.No.6723-2011 was passed at the instance of the
appellant herein to remove the encroachment. Pursuant to the said
order, the said act has already been done, which is now under
challenge in the Civil Suit. Therefore, the petitioner again cannot
seek for any indulgence from this Court for a fresh survey, without
any basis.
4.This Court finds no merit in the Writ appeal and the order
of the learned Single Judge made in W.P(MD)No.14399 of 2016,
dated 09.09.2016 is confirmed and the Writ Appeal stands
dismissed.No costs.
[P.S.N.,J.] & [S.K.,J.]
06.01.2021
Index:Yes/No
Internet:Yes/No
vsn
To
1.The Tahsildar,
Government of Tamil Nadu,
Taluk Office,
Trichy West Taluk,
Trichy District-1.
2.The Taluk Land Surveyor,
Office of the Taluk Land Surveyor,
Trichy West Taluk,
Trichy District.
3.The Inspector of Police,
Edaimalaipatti Pudur Police Station,
Trichy District.
http://www.judis.nic.in
PUSHPA SATHYANARAYANA J.
AND
S.KANNAMMAL, J.
vsn
JUDGMENT MADE IN
W.A(MD)NO.1405 OF 2016
06.01.2021
http://www.judis.nic.in
