The Madras High Court dismissed a writ petition seeking mandamus to direct government officials to take action against a surveyor. The Court held the petition premature as the Civil Court was seized of the matter and was yet to consider the surveyor's report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2018
CORAM:
THE HON’BLE DR.JUSTICE S.VIMALA
W.P.No.29905 of 2018
M.Janarthanam
... Petitioner
Vs.
Chief Secretariat,
Puducherry – 605 001.
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, to direct the respondents 1 and 2 to take suitable action against the 3rd respondent on the basis of the representation submitted by the petitioner on 10.02.2016 and 02.04.2016.
For Petitioner : Mr.M.Gnanasekar For Respondents : M/s.G.D.Jearany Government Advocate
ORDER
This writ petition has been filed by the petitioner seeking direction to respondents 1 and 2 to take action against the 3rd respondent.
claimed by the petitioner that the measurement made by the Surveyor is not correct and there was a difference in the measurement made by the Surveyor and the petitioner herein. So saying, the petitioner lodged a complaint dated 02.04.2016 before the first respondent, seeking to take action against the said Surveyor/3rd respondent. Apart from that, the petitioner issued a legal notice through his counsel on 19.09.2018 to the first respondent in this regard.
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
ogy
To
Chief Secretariat, Puducherry – 605 001.
COPY TO
The Principal District Judge, Puducherry
+1cc to Mr.M.Gnanasekar, Advocate, S.R.No.78506
+1cc to the Government Pleader, S.R.No.78130
W.P.No.29905 of 2018
MG(CO) GSP(21/12/2018)
1 issue framed by the court
Whether the writ petition seeking direction to take action against a surveyor is maintainable while the trial court is still considering the surveyor's report.
M. Janarthanam
The Chief Secretary to Government, Government of Puducherry
The Director, Department of Survey and Land Records
S. Karthikeyan
S. VIMALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
