Madras High Court
Andiyappan vs The Tahsildar on 13 July, 2021
W.A.(MD)No.1360 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1360 of 2021
and
C.M.P(MD).No.5695 of 2021
Andiyappan ... Appellant/Petitioner
Vs.
1. The Tahsildar,
Vedachandur Taluk,
Dindigul District.
2. The Taluk Surveyor,
Vedachandur Taluk,
Dindigul District.
... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.1163 of 2021, dated 10.03.2021.
For Appellant : Mr.Balakrishnan,
for Mr.K.P.Narayanakumar
For Respondents : Mr.A.K.Manickam,
Standing Counsel for Government
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W.A.(MD)No.1360 of 2021
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.Balakrishnan, learned counsel for
Mr.K.P.Narayanakumar, learned counsel appearing for the appellant and
Mr.A.K.Manickam, learned Government Counsel appearing for the respondents.
2. The petitioner approached the Writ Court seeking for a direction
upon the respondents to survey and fix the boundaries of the land in question.
The writ petition was dismissed by taking note of the submission made by the
learned Governance Counsel that the Tahsildar has reported that there are
discrepancies in the boundaries. Soon after the writ petition was dismissed, the
Tahsildar has rejected the representation given by the petitioner and directed the
petitioner to approach the Revenue Divisional Officer. Challenging the said
order, W.P(MD).No.10751 of 2021 has been filed, in which, notice has been
ordered.
3. The rival claimant is also the respondent in the said writ petition.
We find that the relief sought for by the writ petitioner is an innocuous relief
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W.A.(MD)No.1360 of 2021
and admittedly, as on the date when the representation was made by the
petitioner for surveying and fixing the boundaries, no proceedings were
initiated by the Tahsildar, intimating the petitioner about any discrepancy in the
boundaries.
4. Therefore, firstly a survey was required to be conducted to
ascertain the boundaries and if there is any dispute, then the appellant should
have been put on notice. In any event, the first respondent has now passed an
order, which has been challenged in W.P(MD).No.10751 of 2021.
5. Therefore, we dispose of this writ appeal with an observation that it
is open to the appellant to canvass all points in the pending writ petition
including the grounds which have been canvassed in this writ appeal. With this
liberty, this Writ Appeal stands disposed of. No costs. Consequently,
connected miscellaneous petition is closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 13.07.2021
pkn
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1360 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
pkn
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,
Vedachandur Taluk,
Dindigul District.
2. The Taluk Surveyor,
Vedachandur Taluk,
Dindigul District.
W.A.(MD)No.1360 of 2021
13.07.2021
https://www.mhc.tn.gov.in/judis/
