Madras High Court
R.S.Amaralingam vs The District Collector on 26 July, 2023
W.P.No.33192 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.33192 of 2017
and
W.M.P.Nos.36606 & 36607 of 2017
R.S.Amaralingam ... Petitioner
Vs.
1.The District Collector,
Coimbatore District,
Coimbatore.
2.The District Revenue Officer,
Coimbatore,
Coimbatore District.
3.The Assistant Director of Survey,
Land Survey Records Department,
Collectorate, Coimbatore,
Coimbatore District.
4.The Sub Collector,
Pollachi,
Coimbatore District.
5.The Tahsildar,
Pollachi Taluk, Pollachi,
Coimbatore District.
6.Arun ... Respondents
Page 1 of 5
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W.P.No.33192 of 2017
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, calling for the entire records
relating to the impugned order passed by the 5th respondent in his proceedings
Na.Ka.S2/9391/2016, dated 11.04.2017 and quash the same and
consequently directing the respondents 1to 5 to measure the petitioner's land
situated in S.No.171/2-B, Thimmankuthu Village, Pollachi Taluk,
Coimbatore District by taking note of the registered partitioned deed dated
17.01.1969 and Civil Court Decree passed in O.S.No.236 of 2008, dated
25.06.2015 on the file of the District Munsif Court, Pollachi, Coimbatore
District and correct the total extent of the petitioner's land situated in
S.No.171/2-B, Thimmankuthu Village, Pollachi Taluk, Coimbatore District in
all revenue records and UDR scheme records.
For Petitioner : Mrs.R.Hemalatha
For Mr.C.Prakasam
For R1 to R5 : Mr.T.Venkatesh Kumar
Special Government Pleader
For R6 : Mr.R.Nandha kumar
ORDER
The order impugned dated 11.04.2017 issued by the Tahsildar,
rejecting the request of the petitioner to survey the land under the provisions
of the Tamil Nadu Survey and Boundaries Act, 1923 is under challenge in the
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W.P.No.33192 of 2017
present writ petition.
2. Admittedly, a Civil Suit was instituted in O.S.No.236 of 2008, which
was decreed in favour of the petitioner.
3. The learned counsel for the 6th respondent made a submission that
against the judgment and decree passed in the Original Suit, an Appeal Suit
was filed, which is pending on the file of the Sub Court, Pollachi.
4. Since the Appeal Suit is pending, the authorities competent cannot
entertain an application to conduct survey in respect of the disputed property.
Whenever, a civil suit has been instituted between the parties, the parties are
at liberty to file an appropriate application before the Competent Civil Court
even for measuring the property or otherwise.
5. When such reliefs are permissible under the Civil Procedure Code,
the authorities competent cannot conduct survey in respect of such disputed
property. Therefore, the petitioner is at liberty to redress his grievances in the
manner known to law and through the Competent Civil Court of Law.
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W.P.No.33192 of 2017
6. With these observations, this Writ Petition stands dismissed. No
costs. Consequently, connected Miscellaneous Petitions are closed.
26.07.2023
Jeni
Index : Yes
Neutral Citation : Yes
Speaking order
To
1.The District Collector,
Coimbatore District,
Coimbatore.
2.The District Revenue Officer,
Coimbatore,
Coimbatore District.
3.The Assistant Director of Survey,
Land Survey Records Department,
Collectorate, Coimbatore,
Coimbatore District.
4.The Sub Collector,
Pollachi,
Coimbatore District.
5.The Tahsildar,
Pollachi Taluk, Pollachi,
Coimbatore District.
https://www.mhc.tn.gov.in/judis
W.P.No.33192 of 2017
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.33192 of 2017
26.07.2023
https://www.mhc.tn.gov.in/judis
