Madras High Court
M.Pandi vs C.Punitha ... 1St on 21 April, 2025
Author: S.Srimathy
Bench: J.Nisha Banu, S.Srimathy
WA(MD). No.1014 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 21/04/2025
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
AND
THE HONOURABLE Mrs. JUSTICE S.SRIMATHY
WA(MD). No.1014 of 2025
and CMP(MD) No.6408 of 2025
M.Pandi ... Appellant
Vs
1.C.Punitha ... 1st respondent/Writ
Petitioner
2.The District Collector
District Collectorate,
Madurai District.
3.The Superintendent of Police,
Madurai District,
Madurai.
4.The Tahsildar,
Thirupparankundram Taluk Office
at Thirunagar,
Madurai 625 006.
5.The Inspector of Police,
Perungudi Police Station
Madurai District 625 022
1/7
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WA(MD). No.1014 of 2025
6.The Taluk Surveyor,
Thirupparankundram Taluk
Thirupparankundram Taluk Office at Thirunagar
Madurai District ... Respondents 2 to 6/
Respondents 1 to 5
PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against
the order of this Court dated 20.02.2025 in WP(MD). No. 4558 of 2025.
For Appellants : Mr.M.Kannan
For Respondents : Mr.V.Baskaran for R1
Mr.M.Sarangan for R2,R4 and R6
Additional Government Pleader
Mr.A.Albert James for R3 and R5
Government Advocate (Crl. side)
JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J.)
The writ appeal is directed against the order of the writ Court dated
20.02.2025 passed in WP(MD). No. 4558 of 2025.
2. The 6th respondent in the writ petition is the appellant herein.
3. The case of the appellant is that he is the 6th respondent in the
writ petition. The writ petition was filed for a direction to the official
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respondents to conduct survey of the writ petitioner's property, based on
his representation dated 06.12.2024. The writ Court had disposed the
writ petition directing the Taluk Surveyor to conduct survey of the
petition mentioned property within a period of twelve weeks.
Challenging the said direction, the appellant is before this Court.
4. The learned counsel for the appellant contended that already he
has filed a writ petition and the same is pending before this Court in
WP(MD) No.30094/2024, wherein, the writ Court had also granted an
interim order on 13.12.2024. When there is already an interim order
passed in the connected writ petition, by suppressing the same, the first
respondent/writ petitioner has filed another writ petition, wherein, the
writ Court directed the Taluk Surveyor to conduct survey of the petition
mentioned property. Therefore, the learned counsel prays for
interference.
5. Heard the learned counsel for the appellant, the learned counsel
for the 1st respondent, the learned Additional Government Pleader for the
respondents and the learned Government Advocate for the respondents
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and perused the materials available on record.
6. It is brought to the notice of this Court that the appellant had
earlier filed a writ petition in WP(MD) No.30094/2024, wherein, an
order of status quo was granted by the writ Court on 13.12.2024. For the
sake of convenience, the said order is extracted hereunder:
“Mr.A.Kannan, learned Additional Government Pleader
takes notice for the respondents 1 to 3.
2. Notice to the respondents 4 to 14, returnable by
20.01.2025. Private notice is also permitted.
3. The learned counsel appearing for the petitioner submits
that taking advantage of the impugned order issued in favour of
the fourteenth respondent, the fourteenth respondent is instigating
the official respondents to survey the property to forcibly evict the
petitioner from the subject property and therefore, he submits that
an order of interim stay may be granted.
4. I find a prima case is made out and hence, there shall be
an order of interim stay till 20.01.2025. 5. Post the matter on
20.01.2025.”
7. The order impugned in this appeal was passed on 20.02.2025,
ie., after the interim order passed by the writ Court in WP(MD) No.
30094/2024. In the order impugned, the writ Court directed the
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authorities to conduct survey of the land in question, however with police
protection. The writ petitioner had suppressed the pendency of the writ
petition filed by the appellant herein and obtained an order. When there
is an order of status quo in another writ petition, this Court is inclined to
set aside the order of the writ Court and the matter is remitted back to the
writ Court for fresh hearing. The writ Court is requested to tag WP(MD)
No.30094 of 2024 along with WP(MD) No.4558 of 2025 and pass final
orders.
8. Accordingly, the writ appeal is disposed of. No costs.
Consequently connected Miscellaneous Petition is closed. No costs.
Consequently connected Miscellaneous Petition is closed.
[J.N.B.,J] [S.S.Y.,J]
21.04.2025
NCC : Yes/No
Index : Yes/No
RR
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TO
1.The District Collector
District Collectorate,
Madurai District.
2.The Superintendent of Police,
Madurai District,
Madurai.
3.The Tahsildar,
Thirupparankundram Taluk Office
at Thirunagar,
Madurai 625 006.
4.The Inspector of Police,
Perungudi Police Station
Madurai District 625 022
5.The Taluk Surveyor,
Thirupparankundram Taluk
Thirupparankundram Taluk Office at Thirunagar
Madurai District
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J.NISHA BANU, J
AND
S.SRIMATHY, J.
RR
ORDER
IN
Date : 21/04/2025
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