The High Court held that the writ petition challenging a notice to measure land was infructuous as the notice specified a date for measurement that had already elapsed, leaving no live dispute for adjudication.
The writ petition was dismissed as infructuous due to the passage of the date mentioned in the notice for the measurement of the property.
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.
W.P.(MD)No.19967 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30.12.2020 CORAM THE HON'BLE Mr. JUSTICE P.VELMURUGAN W.P.(MD)No.19967 of 2020 and W.M.P(MD)Nos.16624 & 16625 of 2020 V.Gopalsamy .. Petitioner Vs.
1.The Tahsildar, Madurai North Taluk, Madurai.
2.The Head Taluk Surveyor, Madurai North Taluk, Madurai.
3.A.Mani
.. Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the first respondent in his impugned notice, dated 22.12.2020 to measure the land bearing S.No's.11/1 and 12/1 situated at Kadavoor Village, Madurai North Taluk, Madurai and quash the same and further direct the first respondent not to measure the above said lands on subsequent dates.
For Petitioner : Mr.PT.S.Narendravasan
ORDER
The petitioner has filed the present writ petition challenging the notice issued by the first respondent, dated 22.12.2020.
1/3
W.P.(MD)No.19967 of 2020
Appeal before this Court in S.A(MD)No.530 of 2020 and the same is pending. The third respondent has very well known about the pendency of the second appeal as he has already filed a Caveat in the second appeal. With the knowledge of pending of the second appeal, suppressing the same, with malafide intention, the third respondent filed a writ petition in W.P(MD)No.19120 of 2020 on 16.12.2020 without impleading the petitioner herein as a party in the said writ petition, seeking a direction to the first respondent to consider his representation.
2/3
W.P.(MD)No.19967 of 2020
am/ssl
Note :- In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Tahsildar, Madurai North Taluk, Madurai.
2.The Head Taluk Surveyor, Madurai North Taluk, Madurai.
+1 CC to M/s.SPL GP ( SR-1[F] dated 04/01/2021 )
W.P.(MD)No.19967 of 2020
30.12.2020
MJ(CO) KB(07.01.2021) 3P 4C
3/3
1 issue framed by the court
Whether the writ petition challenging the notice to measure land is maintainable given that the specified date for measurement had already passed.
1 provisions across 1 enactments
V. Gopalsamy
The Tahsildar, Madurai North Taluk
The Head Taluk Surveyor, Madurai North Taluk
A. Mani
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
