Madras High Court
Bala Subramaniyan vs V.Sankar ... 1St on 25 February, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.981 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.02.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A(MD)No.981 of 2021
and
C.M.P(MD)Nos.4436 of 2021 & 305 of 2022
Bala Subramaniyan ... Appellant /
3rd Party
Vs.
1.V.Sankar ... 1st Respondent /
Writ Petitioner
2.The Tahsildar,
Palani Taluk,
Dindigul District.
3.The Head Taluk Surveyor,
Palani Taluk,
Dindigul District.
4.The Tahsildar,
Gujiliyamparai,
Dindigul District. ... Respondents 2 to 4 /
Respondents 1 to 3
Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act to allow
the appeal and set aside the order of the learned Judge of this Court in
W.P(MD)No.8078 of 2021 dated 19.04.2021.
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1/5
W.A.(MD)No.981 of 2021
For Appellant : Mr.T.Anthony Arulraj
For Respondents : Mr.A.Uthayakumar for R.1
Mr.S.RA.Ramachandran
Special Government Pleader
for R.3 & R.4
JUDGMENT
Heard both sides.
2.One V.Sankar filed W.P(MD)No.8078 of 2021 for survey,
measuring and fixing boundaries of the petition mentioned property. The
said writ petition was disposed of on 19.04.2021 in the following terms:
“6. Taking into consideration the facts and
circumstances of the case and the limited relief sought
for in this writ petition, there shall be a direction to the
impleaded third respondent to act upon the
representation made by the petitioner on 23.01.2021 and
take a decision regarding the survey of the subject
property. The survey shall be conducted in the presence
of the other joint owners of the property, in line with the
documents relied upon by the parties. This process shall
be completed within a period of six(06) weeks from the
date of receipt of a copy of this order.”
Challenging the said order, this Writ Appeal has been filed.
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3.It is not in dispute that Survey No.1483/2 measures a total extent
of 1 acre and 20 cents. The appellant herein claims title and possession
in respect of 20 cents of land in the said survey number. Since dispute
had arisen among the parties, as many as 3 suits came to be instituted.
They are O.S.No.258 of 2012 on the file of Sub Court, Vedasanthur,
O.S.No.28 of 2020 on the file of Principal District Munsif, Vedasanthur
and O.S.No.37 of 2020 on the file of Principal District Munsif,
Vedasanthur. There is considerable merit in the contention of the
learned counsel for the appellant that when the jurisdictional Court is
seized of the matter, it may not be open to the revenue or survey
authorities to conduct parallel enquiry or take action. This aspect of the
matter was not brought to the notice of the learned Judge by the writ
petitioner. Hence, the impugned order has to be set aside and it is
accordingly set aside.
4.It is however stated that following the grant of interim order in
this Writ Appeal, two of the suits, namely, O.S.Nos.258 of 2012 and 28
of 2020 came to be withdrawn. At present, O.S.No.37 of 2022 is pending
on the file of Principal District Munsif, Vedasanthur.
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5.The learned trial Munsif is requested to dispose of the said suit
on merits and in accordance with law within a period of twelve months
from the date of receipt of a copy of this order. The rights of the parties
will abide by the out come of the said suit. We make it clear that we have
not gone into the merits of the matter.
6.This Writ Appeal is allowed accordingly. No costs.
Consequently, connected miscellaneous petitions are closed.
[G.R.S., J.] [M.J.R., J.]
25.02.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
MGA
To
1.The Tahsildar,
Palani Taluk,
Dindigul District.
2.The Head Taluk Surveyor,
Palani Taluk,
Dindigul District.
3.The Tahsildar,
Gujiliyamparai,
Dindigul District.
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G.R.SWAMINATHAN,J.
AND
M.JOTHIRAMAN, J.
MGA
25.02.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 04:20:19 pm )
