S.Kalyani vs V.Rameshkumar
2021 Latest Caselaw 5638 Mad

                                                                           W.A.(MD)No.947 of 2018


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 03.03.2021
                                                      CORAM:
                              THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
                                                        AND
                               THE HONOURABLE MRS. JUSTICE S.ANANTHI

                                          W.A.(MD)No.947 of 2018 and
                                           CMP(MD) No.6300 of 2018

                      S.Kalyani                                             :Appellant
                                                         Vs.
                      1.V.Rameshkumar

                      2.The Tahsildar,
                        Karaikudi
                        Sivagangai District

                      3.The Surveyor,
                        Karaikudi Municipality
                        Karaikudi
                        Sivagangai District.                                : Respondents


                      PRAYER: Appeal filed under Clause 15 of the Letters Patent against the

                      order of this Court in W.P.(MD) No.1710/2018 dated 30.01.2018.

                                  For Appellant            : Mr.N.Govardhanan

                                  For Respondents          : Mr.K.P.Krishnadoss for R2&3
                                                           Special Government Pleader

                      1/4

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                                                                                W.A.(MD)No.947 of 2018


                                                              Mr.H.Mohammed Imran for R4
                                                              for M/s.Ajmal Associates


                                                     JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.)

This appeal has been preferred by the appellant challenging the

order of the learned single Judge, who, in the absence of the appellant,

who was admittedly not arrayed as a party respondent, allowed the writ

petition by directing the official respondents to conduct the survey.

2. It appears that there are inter se dispute between the appellant

and the private respondent. The suit filed by the private respondent also

dismissed. Unfortunately, these facts were not brought before the learned

Single Judge.

3. In such view of the matter, we do not have any hesitation in

setting aside the order passed by the learned single Judge leaving the

right of the parties untouched to proceed further in the civil litigation.

http://www.judis.nic.in W.A.(MD)No.947 of 2018

4. The writ appeal stands disposed of accordingly. No costs.

Consequently connected Miscellaneous Petition is closed.

                                                                [M.M.S., J.] & [S.A.I, J.]
                                                                       03.03.2021
                      Index       : Yes/No
                      Internet    : Yes
                      RR
                      To
                      2.The Tahsildar,
                        Karaikudi
                        Sivagangai District

                      3.The Surveyor,
                        Karaikudi Municipality
                        Karaikudi
                        Sivagangai District.

http://www.judis.nic.in W.A.(MD)No.947 of 2018

M.M.SUNDRESH, J AND S.ANANTHI, J

RR

Order made in W.A.(MD)No.947 of 2018

03.03.2021

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