Madras High Court
M.Radhakrishnan vs The District Collector on 7 August, 2023
W.A(MD)No.1279 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A(MD)No.1279 of 2023
M.Radhakrishnan ... Petitioner/Appellant
Vs.
1.The District Collector,
Thoothukudi District.
2.The Tahsildar,
Tiruchendur Taluk,
Thoothukudi District.
3.The Head Surveyor,
Tiruchendur Taluk,
Thoothukudi District. ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the
order made in W.P(MD)No.11795 of 2022 dated 22.06.2022.
For Appellant :Mr.S.Sarvangan Prabhu
For Respondents :Mr.J.Ashok,
Additional Government Pleader
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https://www.mhc.tn.gov.in/judis
W.A(MD)No.1279 of 2023
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR, J.)
Heard Mr.S.Sarvangan Prabhu, learned counsel appearing for the
appellant and Mr.J.Ashok, learned Additional Government Pleader, who
takes notice for the respondents.
2. This writ appeal is directed as against the order of the learned
Single Judge made in W.P(MD)No.11795 of 2022, dated 22.06.2022,
dismissing the writ petition filed by the appellant/writ petitioner seeking for
issuance of a Writ of Mandamus, directing the respondents to survey the
writ petitioner's land situated in Survey Nos.93/1A & 93/1B, measuring to
an extent of 86 ½ cents at Nathaikulam Village, Tiruchendur Taluk,
Thoothukudi District, by fixing the boundaries.
3. The learned Single Judge has dismissed the writ petition after
recording the fact that objections were raised by some persons, who have a
rival claim before the official respondents and therefore, the prayer of the
writ petitioner cannot be conceded. Challenging the same, the writ
petitioner has filed this writ appeal.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.1279 of 2023
4. The appellant has produced before this Court the sale deed by
which he has purchased the property on 08.04.2021. The sale deed relied
upon by the appellant shows that his vendor by name Velmurugan has
obtained a sale deed in his favour from one V.S.Rathina Pandian and others
on 23.02.2021. Except that, the appellant has not produced any title
document in his favour. Even the patta produced by the appellant is a
computerised patta issued on the basis of the subsequent sale deed by
which he had purchased the property. When there is a rival claim as
indicated by the respondents, it may not be proper to entertain a writ
petition to survey and to fix boundaries. Therefore, this Court does not find
any reason to interfere with the order passed by the learned Single Judge.
5. In view of the fact that there is a rival claim, it is open to the
appellant to approach the civil Court for appropriate relief after impleading
necessary and proper parties.
With the above observation, this writ appeal is dismissed.
No Costs.
[S.S.S.R., J.] [D.B.C., J.]
07.08.2023
Index : Yes / No
NCC : Yes/No
pm
https://www.mhc.tn.gov.in/judis
W.A(MD)No.1279 of 2023
To:
1.The District Collector,
Thoothukudi District.
2.The Tahsildar,
Tiruchendur Taluk,
Thoothukudi District.
3.The Head Surveyor,
Tiruchendur Taluk,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.1279 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
pm
W.A(MD)No.1279 of 2023
07.08.2023
https://www.mhc.tn.gov.in/judis
