K.Indira vs The Tahsildar
2023 Latest Caselaw 6977 Mad

                                                                         W.P(MD)No.14989 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                              DATED : 23.06.2023
                                                   CORAM
                             THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
                                            W.P(MD)No.14989 of 2023
                                                     and
                                   W.M.P(MD)Nos. 12617 and 12618 of 2023


                K.Indira                                                    ... Petitioner

                                                      Vs.

                1.The Tahsildar,
                  Vadipatti Taluk Office,
                  Vadipatti,
                  Madurai District.

                2.The Sub Registrar,
                  Sub Registrar Office,
                  Vadipatti,
                  Madurai District.

                3.The Firka Surveyor,
                  Taluk Office,
                  Vadipatti Taluk,
                  Madurai District.

                4.Palchamy @ Palanichamy

                5.Indirani

                6.Ponselvi                                            ... Respondents




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                                                                                W.P(MD)No.14989 of 2023



                PRAYER :-

                       Writ Petition filed under Article 226 of the Constitution of India, praying
                this Court to issue a Writ of Mandamus, directing the respondents herein to
                grant permission and necessary protection to conduct the Adal Padal Cultural
                Programme on 30.05.2023 at 07.00 PM to 12.00 AM in connection with
                Thiruvizha of Sri Erulappan Swamy Thirukovil at Karampayam Vadakku,
                Pattukottai Taluk, Thanjavur District.


                                  For Petitioner     : Mr.A.Arputharaj
                                                       Advocate.

                                  For R1 and R3      : Mr.N.Muthuvijayan
                                                       Special Government Pleader

                                  For R2             : Mr.M.Prakash

                                  For R4 and R5      : Mr.R.Venkatesh


                                                        ORDER

This writ petition is misconceived. It had been filed in the nature of

certiorari questioning a notice issued by the third respondent, Firka Surveyor,

Taluk office at Vadipatti, who had acted in accordance with a direction of an

earlier order of the learned Single Judge of this Court dated 11.05.2023 in W.P.

(MD)No.11572 of 2023. That writ petition had been filed by the fifth

respondent herein and directions were given to survey the lands. The petitioner

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W.P(MD)No.14989 of 2023

herein was also impleaded as the third respondent in the said writ petition. As a

consequence of that order, the authorities had issued notice to conduct survey.

2. Let them proceed to conduct survey. It is also specifically contended

by the learned Special Government Pleader that the petitioner has no right or

title. A judgment of the Civil Court in O.S.No.90 of 2021 (K.Indira Vs.

Palsamy and Palanisamy) dated 17.10.2022, is also produced. The suit had

been dismissed for default. Even if that is restored, the petitioner cannot claim

any right.

3. A specific direction is given to the respondents 1 to 3, to proceed

further to conduct survey and file a report in accordance with the earlier

directions issued in W.P.(MD)No.11572 of 2023.

4. Writ petition is dismissed. No costs. Consequently, connected

miscellaneous petition stands closed.

23.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn

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

W.P(MD)No.14989 of 2023

C.V.KARTHIKEYAN, J.

pnn

To

1.The Tahsildar, Vadipatti Taluk Office, Vadipatti, Madurai District.

2.The Sub Registrar, Sub Registrar Office, Vadipatti, Madurai District.

3.The Firka Surveyor, Taluk Office, Vadipatti Taluk, Madurai District.

ORDER IN W.P(MD)No.14989 of 2023 and W.M.P(MD)Nos. 12617 and 12618 of 2023

23.06.2023

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