Madras High Court
Kasinathan vs The Tahsildar on 11 April, 2023
W.P(MD)No.5562 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P(MD)No.5562 of 2023
and
W.M.P(MD) No.5692 of 2023
Kasinathan ... Petitioner
Vs.
1.The Tahsildar
Tirupathur Taluk Office,
Sivagangai District.
2.The Inspector of Police
S.V.Mangalam Police Station,
Tirupathur Taluk,
Sivagangai District.
3.Gnanasoundari ... Respondents
(Respondent No.3 is impleaded as per order
of this Court dated 11.04.2023 in
W.M.P(MD) No.5692 of 2023)
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.5562 of 2023
PRAYER : Writ Petition is filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus directing the first respondent/
Tahsildar, Tirupathur Taluk, Sivagangai District, to conduct the Survey
of petitioners property comprised in S.Nos.56/E and 56/3D situated at
Alampatti, Mathavarayanpatti, Tirupathur Taluk, by taking the police
assistance from the second respondent police on the basis of the
petitioner's application dated 09.02.2023.
For Petitioner : Mr.V.Malaiyendran
For Respondents : Mr.D.S.Nedunchezhian - for R1 & R2
Government Advocate
Mr.A.Karthick - for R3
ORDER
W.M.P(MD) No.5692 of 2023 had been filed by the writ
petitioner seeking to implead the proposed respondent as a third
respondent, Gnanasoundari, wife of Ponnalagu.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.5562 of 2023
2. In the affidavit filed in support of the said petition, it had
been stated that the writ petition has been filed seeking a Mandamus to
conduct survey of property at Survey Nos.56/E and 56/3D at Alampatti,
Mathavarayanpatti, Tirupathur Taluk. The third respondent had raised
objections and there is also a suit pending between the writ petitioner
and the proposed third respondent.
3. In view of the fact that the third respondent is a necessary
party, this W.M.P.(MD) No.5692 of 2023 is allowed.
4. The Registry before issuing the order copy may implead
Gnanasoundari as a third respondent in the writ petition.
5. Heard the learned counsels on either side in the writ
petition also.
6. The writ petition has been filed seeking a Mandamus
against the first respondent / Tahsidlar, Tirupathur Taluk, Sivagangai
District, to conduct survey of the property in Survey No.56/E and 56/3D
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W.P(MD)No.5562 of 2023
at Alampatti, Mathavarayanpatti, Tirupathur Taluk. The petitioner had
given an application on 09.02.2023.
7. It is stated that a suit in O.S.No.14 of 2023 is now
pending on the file of the District Munsif Court, Tirupathur. The writ
petitioner is one of the defendants in the said suit.
8. It is only appropriate that the civil Court gives judgment
on the basis of the pleadings and evidence to be adduced. Till such time,
surveying the lands will not be of any assistance to the petitioner herein.
9. A direction is given to the Tahsildar, to examine whether
the property mentioned in the civil suit is the same property as that
mentioned in the writ petition and if it is so, then, pass an order that it
would only be appropriate that the parties await the decision in the civil
suit and thereafter, proceed to conduct the survey. But once a civil suit is
pending, survey cannot and should not be conducted. Necessary orders
may be passed by the Tahsildar.
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W.P(MD)No.5562 of 2023
10. Placing that direction on the Tahsildar, the Writ Petition
stands disposed of. No costs.
11.04.2023
Index :Yes/No
Internet :Yes/No
NCC : Yes / No
rm
Note : Registry is directed to carry out necessary
amendment in the cause title
To
1.The Tahsildar
Tirupathur Taluk Office,
Sivagangai District.
2.The Inspector of Police
S.V.Mangalam Police Station,
Tirupathur Taluk,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.5562 of 2023
C.V.KARTHIKEYAN, J.
rm
W.P(MD)No.5562 of 2023
11.04.2023
https://www.mhc.tn.gov.in/judis
