Chandrakalamani vs R.Mohan
2024 Latest Caselaw 19099 Mad

Madras High Court

Chandrakalamani vs R.Mohan on 27 September, 2024

Author: D.Krishnakumar

Bench: D.Krishnakumar

                                                                                  WA No.2910 of 2024

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 27.09.2024

                                                      CORAM

                                     THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
                                                        AND
                                      THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
                                                 WA No.2910 of 2024

                     1.Chandrakalamani
                     2.A.Ponnusamy                         : Appellants

                                  versus

                     1.R.Mohan

                     2.The Sub Collector,
                       Tiruppur

                     3.The Tahsildar (Revenue)
                       Avinashi Taluk, Tiruppur District

                     4.The Taluk Surveyor,
                       Avinashi West,
                       Office of the Taluk Office,
                       Tirupur                                            : Respondents

                     Prayer: Writ appeal filed under Clause 15 of the Letters Patent against the
                     order of the learned Single Judge in WP No.11532 of 2024 dated
                     26.04.2024.




                     Page 1 of 4



https://www.mhc.tn.gov.in/judis
                                                                                    WA No.2910 of 2024

                     For the Appellants                  :     Mr.MA.P.Thangavel


                     For Respondents 2 to 4 :            Mr.A.Edwin Prabakar,
                                                         State Government Pleader

                                                        JUDGMENT

(Judgment of the Court was made by the Hon'ble Chief Justice)

This writ appeal is filed impugning the order dated 26.04.2024 in

WP No.11532 of 2024, passed by the learned Single Judge of this court,

setting aside the order passed by respondent No.3 herein.

2. Respondent No.3, on an application made by the appellants, had

permitted for survey of a property which was also subject matter of a suit

in O.S.No.462 of 2023. The said suit is pending before the Sub Court,

Avinashi. In our view, learned Single Judge had correctly set aside the

order passed by respondent No.3 on the ground that such an application

ought to have been made before the Sub Court, Avinashi.

3. Mr.MA.P.Thangavel, learned counsel for the appellants,

submitted that Tahsildar, respondent No.3, had passed the order

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

permitting survey, after hearing both the parties. Even so, in our view,

when a suit is pending between the parties for the same property, the

appellants ought to have applied to the said court for appropriate relief.

Therefore, no case is made out. The writ appeal is dismissed. There will

be no order as to costs. Consequently, CMP No.21504 of 2024 is closed.

                                   (K.R.SHRIRAM, CJ.)             (D.KRISHNAKUMAR, J.)
                                                           27.09.2024
                     Index                : Yes/No
                     Neutral Citation     : Yes/No
                     tar


                     To

                     1.The Sub Collector, Tiruppur

                     2.The Tahsildar (Revenue)

Avinashi Taluk, Tiruppur District

3.The Taluk Surveyor, Avinashi West, Office of the Taluk Office, Tirupur

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

THE HON'BLE CHIEF JUSTICE AND D.KRISHNAKUMAR, J.

(tar)

27.09.2024

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