A.Mokkasamy vs The District Collector
2023 Latest Caselaw 14205 Mad

                                                                           W.P.(MD)No.15351 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 06.11.2023

                                                       CO RAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                W.P.(MD)No.15351 of 2021

                    A.Mokkasamy                                                    ... Petitioner

                                                          -vs-


                    1.The District Collector,
                      Theni, Theni District.

                    2.The District Revenue Officer,
                      Theni District, Theni.

                    3.The Assistant Director Survey,
                      Theni District.

                    4.The Tahsildar,
                      Theni Taluk, Theni District.

                    5.The Commissioner,
                      Theni Minicipality, Theni,
                      Theni District.

                    6.The Surveyor,
                      Theni Municipality,
                      Theni, Theni District.                                    ... Respondents
                    PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
                    to issue a Writ of Mandamus, directing the respondents to survey the

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https://www.mhc.tn.gov.in/judis
                                                                               W.P.(MD)No.15351 of 2021

                    petitioner's land by fixing the boundary and to issue individual patta to
                    petitioner's    land   situated   in Allinagaram    Revenue     Village,    Theni
                    Municipality, Theni District, in Survey No.191, having extent of 4 Acres 58
                    cents in the light of the petitioner's representation dated 03.12.2020, within a
                    stipulated time fixed by this Court.
                                   For Petitioner           :     Mr.D.Durai Soalimalai
                                   For R1 to R4 and R6      :     Ms.S.Jeyapriya
                                                                  Government Advocate

                                                         ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus,

directing the official respondents to consider the representation made by the

petitioner on 03.12.2020 and to carry out the survey and to fix the boundaries

and to issue individual Patta in the name of the petitioner.

2. When the matter was taken up for hearing today, the learned

Government Advocate appearing on behalf of the respondents 1 to 4 and 6

based on the instructions, submitted that a suit was instituted in O.S.No.50 of

2022, seeking for the relief of declaration and permanent injunction and this

suit was decreed ex parte by judgment and decree, dated 24.07.2023, by the

learned District Munsif, Theni. In view of the same, it was contended that

there is no scope for the respondents to survey the subject property.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.15351 of 2021

3. In the light of the above development, the relief sought for by the

petitioner cannot be granted by this Court and it is left open to the petitioner

to work out his remedy in the manner known to law.

4. This Writ Petition is disposed of accordingly. No costs.

                    NCC           : Yes/No                                       06.11.2023
                    Index         : Yes/No
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                    To


                    1.The District Collector,
                      Theni, Theni District.

2.The District Revenue Officer, Theni District, Theni.

3.The Assistant Director Survey, Theni District.

4.The Tahsildar, Theni Taluk, Theni District.

5.The Commissioner, Theni Minicipality, Theni, Theni District.

6.The Surveyor, Theni Municipality, Theni, Theni District.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.15351 of 2021

N.ANAND VENKATESH, J.

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W.P.(MD)No.15351 of 2021

06.11.2023

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