S.Soundaram vs S.Malar
2023 Latest Caselaw 12240 Mad

                                                                         W.A.No.2454 of 2023



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED:     11.09.2023

                                                       CORAM :

                           THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                         AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                                W.A.No.2454 of 2023

                     S.Soundaram                                          .. Appellant
                                                         Vs
                     1. S.Malar

                     2. The Tahsildar
                        Pethanaickenpalayam Taluk
                        Salem District.

                     3. The Taluk Surveyor
                        Pethanaickenpalayam Taluk
                        Salem District.                                   .. Respondents

                     Prayer : Appeal under Clause 15 of the Letters Patent against the
                     order passed by the learned Single Judge in W.P.No.34556 of 2022,
                     dated 22.12.2022.

                                   For the Appellant      : Mr.P.Jagadeesan

                                   For the Respondents    : Mr.P.Muthukumar
                                                            State Government Pleader
                                                            assisted by Mrs.R.Anitha
                                                            Special Government Pleader
                                                            for respondents 2 and 3



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https://www.mhc.tn.gov.in/judis
                                                                               W.A.No.2454 of 2023




                                                         JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.P.Jagadeesan, learned counsel for the

appellant; and Mr.P.Muthukumar, learned State Government

Pleader, assisted by Mrs.R.Anitha, learned Special Government

Pleader, for respondents 2 and 3.

2. Learned counsel for the appellant submits that the present

appellant was the third respondent in the writ petition filed by the

first respondent herein. The learned Single Judge, without issuing

notice to the appellant, had straight-away issued directions for

survey of the property.

3. According to learned counsel for the appellant, the original

writ petitioner did not have any right, title or interest in respect of

the subject writ property. The suit filed by the original writ

petitioner is dismissed for default. The suit filed by the present

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https://www.mhc.tn.gov.in/judis W.A.No.2454 of 2023

appellant for declaration that the cancellation of the settlement is

illegal, with all other consequential reliefs, is pending adjudication.

A person who does not have title could not have sought for survey

of the land.

4. We have gone through the order passed by the learned

Single Judge. The learned Single Judge, under the impugned order,

has not decided the rights of the parties. The statement of learned

Government Advocate to the effect that after issuing notice to the

original writ petitioner and the appellant herein survey would be

conducted is recorded. The respondent authority is only required to

conduct a survey and nothing beyond that. Naturally, the decision

given by the civil court will be binding upon the revenue authorities

also. As no rights have been decided by learned Single Judge under

the impugned order, no further orders are required to be passed in

this appeal.

The writ appeal is disposed of accordingly. Needless to state

that all the contentions of the parties are kept open. There will be

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https://www.mhc.tn.gov.in/judis W.A.No.2454 of 2023

no order as to costs. Consequently, C.M.P.No.20480 of 2023 is

closed.

                                                    (S.V.G., CJ.)                (P.D.A., J.)
                                                                    11.09.2023
                     Index            :      Yes/No
                     Neutral Citation :      Yes/No
                     sasi

                     To:

                     1. The Tahsildar
                        Pethanaickenpalayam Taluk
                        Salem District.

                     2. The Taluk Surveyor
                        Pethanaickenpalayam Taluk
                        Salem District.




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https://www.mhc.tn.gov.in/judis W.A.No.2454 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

(sasi)

W.A.No.2454 of 2023

11.09.2023

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