Disposed

Mrs.Thangamani, v. the District Collector

Madras HC1 Sept 2022WP(MD)/3824/2013

Case brief

AI extract

What is this about?

The Madurai Bench held that the Sub Inspector lacked jurisdiction to conduct a survey during the pendency of a civil suit. Upon the suit's dismissal, the court allowed the survey to proceed, subject to its results not disturbing title pending future appeals or suits. The petition was disposed with no costs.

What did the court decide?

Writ petition disposed of; no costs awarded; connected miscellaneous petition closed. Survey may proceed post-suit dismissal subject to title pending in appeal.

Mrs.Thangamani, Vs the District Collector — Property and Title | Madras HC (2022)

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W.P(MD)No.3824 of 2013

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.09.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)No.3824 of 2013 and

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M.P(MD)No.2 of 2013

Thangamani,

: Petitioner

The District Collector, Theni, Theni District.

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The Tahsildar,, Theni Taluk, Theni District

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The Sub Inspector (Survey), Theni Taluk, Theni District

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The Inspector of Police, Palanichettipatti Police Station, Palanichettipatti, Theni District.

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Mrs.C.Krishnasmmal,

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Mrs.C.Meenatchi,

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Mrs.Pappammal,

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Mrs.Pommaiyan,

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Mrs. B.Vasantha,

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Mr.Perumal,

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: Respondents

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.3824 of 2013

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the proceedings of the third respondent in pursuance of Impugned Notice, dated 04.03.2013 in R.T.R.No. 231 of 2013 and quash the same.

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For Petitioner : Mr.B. Rajesh Saravanan,

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For R1 to R4 : Mr.Mr.P.Thilak Kumar Government Pleader For Mr.Mr.M.Ramesh Government Advocate

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For R5 and R6 : Mr.B.Balamurugan

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For R7 to R11 : No Appearance

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O R D E R

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This writ petition had been filed in the nature of Certiorari, seeking

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to quash the proceedings of the third respondent in pursuance of the Impugned Notice, dated 04.03.2013 in R.T.R.No. 231 of 2013.

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2.According to the writ petitioner, a civil suit in O.S.No.170 of 2012 was pending at the time of issuance of the impugned notice. The

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said suit was pending before the District Munsif Court, Theni. When there is a civil dispute pending, the third respondent will not have

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.3824 of 2013

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property.

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jurisdiction whatsoever to issue a notice for conducting survey of the property.

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Per contra , the learned Counsel appearing for the respondents 5 and 6 pointed out that the suit in O.S.No.170 of 2012 filed by the writ petitioner along with others was dismissed on merits, on 18.07.2014. Since the civil suit filed by the writ petitioner had already been dismissed, there is no legal impediment for conducting the survey. However, the learned Counsel appearing for the petitioner contended that if any survey is conducted, the same shall not disturb the petitioner's title to the property.

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4.In view of the above said facts, this Court finds that only due to the pendency of the civil suit, the third respondent did not have any jurisdiction to proceed with the survey. However, after the dismissal of the civil suit for permanent injunction, there is no other legal impediment and hence, the third respondent can proceed with the survey. However, if any survey is conducted, the same shall always be subject to the result of any First Appeal or any civil suit i.e., proposed to be filed by the petitioner herein.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.3824 of 2013

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5.With the above said observation, this writ petition stands

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disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

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01.09.2022

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Index:Yes/No lr To

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The District Collector, Theni, Theni District.

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The Tahsildar,, Theni Taluk, Theni District

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The Sub Inspector (Survey), Theni Taluk, Theni District

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The Inspector of Police, Palanichettipatti Police Station, Palanichettipatti, Theni District.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.3824 of 2013

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R.VIJAYAKUMAR, J.

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ORDER MADE IN W.P(MD)No.3824 of 2013

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01.09.2022

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https://www.mhc.tn.gov.in/judis

Mrs.Thangamani, v. the District Collector

Case brief

What is this about?

What did the court decide?

Mrs.Thangamani, v. the District Collector

Case brief

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