The Madurai Bench of the Madras High Court dismissed a writ petition filed under Article 226 of the Constitution. The respondent submitted proof that the required property survey had already been conducted on 22.12.2020, rendering the petition infructuous.
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.168 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.02.2021
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
W.P.(MD) No.168 of 2021
S.Ganesan .. Petitioner Vs 1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Tahsildar, Radhapuram Taluk, Tirunelveli District, Tirunelveli.
3.The Taluk Surveyor, Tirunelveli Taluk, Tirunelveli District, Tirunelveli. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to survey the property in Survey No.58/1A1 and check the boundary of the property to an extent of 5 cents at Levangipuram Village, Radhapuram Taluk, Tirunelveli District, Tirunelveli within a specific period.
For Petitioner : Mr.KA.Ramakrishnan For Respondents : Mr.C.Ramesh
Special Government Pleader
ORDER
When the matter is taken up for hearing today, Mr.C.Ramesh, learned Special Government Pleader appearing for the respondents has produced a copy of the proceedings of the 2nd respondent, dated 13.01.2021, wherein, it has been stated that survey of the boundaries of the land, which is the subject matter in this writ petition, has already taken place on 22.12.2020 and therefore, he would submit that nothing survives for further consideration before this Court in the present writ petition.
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W.P.(MD) No.168 of 2021
2.In view of the same, the Writ Petition stands dismissed as having become infructuous. No costs.
Sd/Assistant Registrar (W)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
mm To 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Tahsildar, Radhapuram Taluk, Tirunelveli District, Tirunelveli. 3.The Taluk Surveyor, Tirunelveli Taluk, Tirunelveli District, Tirunelveli. +1 CC to SGP ( SR-3755[F] dated 08/02/2021 ) W.P.(MD)No.168 of 2021 05.02.2021 KM (17.02.2021) 2P 5C
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2 issues framed by the court
Whether the writ petition for directing a property survey is maintainable in light of the completion of the survey prior to filing.
Whether a writ petition ceases to be pending if the respondent satisfies that the relief sought has already been executed.
S. Ganesan
The District Collector, Tirunelveli District
The Tahsildar, Radhapuram Taluk
The Taluk Surveyor, Tirunelveli Taluk
V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
