Muthulakshmi vs Rathiammal
2023 Latest Caselaw 15152 Mad

Madras High Court

Muthulakshmi vs Rathiammal on 28 November, 2023

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                               W.A.(MD)No.1734 of 2023


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 28.11.2023

                                                    CORAM:

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                      AND
                          THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                           W.A.(MD)No.1734 of 2023
                                                    and
                                     C.M.P.(MD)No.13266 and 15311 of 2023

                Muthulakshmi                                                 ...Appellant

                                                       Vs.
                1.Rathiammal

                2.The Tahsildar,
                  Office of the Taluk Office,
                  Andipatti,
                  Theni District.

                3.The Head Surveyor,
                  Office of the Taluk Office,
                  Andipatti,
                  Theni District.

                4.The Inspector of Police,
                  Kadamalaikundu Police Station,
                  Theni District.                                            ...Respondents


                PRAYER: Appeal filed under Clause 15 of Letters patent, to set aside the order
                passed in W.P.(MD)No.7259 of 2023 dated 05.06.2023 on the file of this Court.

                1/4

https://www.mhc.tn.gov.in/judis
                                                                                         W.A.(MD)No.1734 of 2023


                                           For Appellant      : Mr.R.Karunanidhi
                                           For R2 & R3        : Mr.M.Lingadurai
                                                                 Special Government Pleader
                                           For R4             : Mr.Veeranthiran
                                                                Government Advocate
                                           For R1             : Mr.V.R.Shanmuganathan

                                                           JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)

The writ appeal has been directed against the order dated 05.06.2023 in

W.P.(MD)No.7259 of 2023. The appellant before us was the third party to the

writ proceedings and by virtue of leave granted by this Court, the writ appellant

instituted the present writ appeal.

2.The learned Single Judge in the order impugned in this writ appeal has

not issued any positive directions to conduct survey. The second respondent/

Tashildar, Andipatti was directed to conduct field inspection, ascertain the facts

relating to the issues and conduct survey, if there is feasibility and if the survey is

not conducted, the reason as to why the survey cannot be conducted may also be

given in writing to the writ petitioner.

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

3.The learned Single Judge directed the Tashildar to ascertain the facts

and the dispute existing between the parties, take a decision and communicate the

same to the writ petitioner. That being the scope of the writ order, we do not find

any reason to interfere with the same. In the event of conducting field inspection

or survey of the petition mentioned land, the Tahsildar is bound to give

opportunity to all the parties including the writ appellant.

4.With the above observations, this Writ Appeal stands dismissed. No

costs. Consequently, connected miscellaneous petitions are closed.

                                                                    (S.M.S., J.) & (V.L.N., J.)
                                                                               28.11.2023
                NCC      : Yes / No
                Index : Yes / No
                Internet : Yes / No

                ta

                To

                1.The Tahsildar,
                  Office of the Taluk Office,
                  Andipatti, Theni District.

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

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

ta

2.The Head Surveyor, Office of the Taluk Office, Andipatti, Theni District.

3.The Inspector of Police, Kadamalaikundu Police Station, Theni District.

28.11.2023

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