P.Maragatham vs The District Collector
2021 Latest Caselaw 11975 Mad

                                                                             W.P.(MD).No.7350 of 2013


                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 18.06.2021

                                                        CORAM :

                              THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                 W.P.(MD).No.7350 of 2013


                     P.Maragatham                                           ...Petitioner

                                                            Vs.

                     1.The District Collector,
                       Collectorate Building,
                       Dindigul District.

                     2.The District Surveyor,
                       Collectorate Building,
                       Dindigul District.

                     3.The Superintendent of Police,
                       O/o. The Superintendent of Police,
                       Kanyakumari District.

                     4.The Thasildar,
                       Collectorate Building,
                       Palani Taluk,
                       Dindigul District.

                     5.The Inspector of Police,
                       Eraniel Police Station,
                       Eraniel,
                       Kanyakumari District.

                     6.M.Alamarathan                                        ... Respondents



                     1/4
https://www.mhc.tn.gov.in/judis/
                                                                                W.P.(MD).No.7350 of 2013


                     Prayer: This Petition filed under Article 226 of the Constitution of India, to
                     issue a Writ of Mandamus, directing the second respondent to survey the land
                     to an extent of Hectare 2.10.00 situated at Survey No.1325/1B in 29 East
                     Ayakudi Village, Palani Taluk, Dindigul District and to fix the boundary
                     stones with adequate police protection by the respondents 3 and 5.



                                   For Petitioner                 : Mr.T.Lajapathi Roy

                                   For R-1 to R-5                 : Mr.S.Shanmugavel
                                                                    Government Advocate (Civil)

                                   For R-6                        : Mr.D.Venkatesh


                                                        ORDER

This writ petition has been filed for the issue of a Writ of

Mandamus, directing the second respondent to survey the subject property

and to lay the boundary stones.

2.The learned counsel for the sixth respondent submitted that a

suit has been filed by the wife of the sixth respondent in O.S.No.149 of 2013

on the file of the District Munsif Court, Palani, with respect to the very same

subject property and the case is now at the stage of the cross examination of

D.W.1., namely, the petitioner.

https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.7350 of 2013

3.In view of the above development, the relief as sought for by

the petitioner cannot be granted by this Court and the petitioner and the

second respondent will have to necessarily await for the final judgment and

decree. Thereafter, they can workout their remedy before the revenue

authorities.

4.This Writ Petition is disposed of with the above direction. No

costs.

18.06.2021 Internet : Yes/No Index : Yes/No rm

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 District Collector, Collectorate Building, Dindigul District.

2.The District Surveyor, Collectorate Building, Dindigul District.

https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.7350 of 2013

N.ANAND VENKATESH, J.

rm

3.The Superintendent of Police, O/o. The Superintendent of Police, Kanyakumari District.

4.The Thasildar, Collectorate Building, Palani Taluk, Dindigul District.

5.The Inspector of Police, Eraniel Police Station, Eraniel, Kanyakumari District.

W.P.(MD).No.7350 of 2013

18.06.2021

https://www.mhc.tn.gov.in/judis/