Petitioner sought a writ of mandamus to survey his 24 cents in Survey No.36/2, Kurumbapatti Village, Dindigul District. The State pointed to an identical-boundary title conflict and a pending civil suit on title; the court also found the petitioner had suppressed the suit's pendency.
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WP(MD)No.2672 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.11.2024
CORAM
THE HON'BLE MRS.JUSTICE N.MALA
W.P(MD)No.2672 of 2023
and WMP(MD)No.6074 of 2023
Arunachalam
...Petitioner
Vs.
1.The District Collector, Office of the District Collector, Dindigul District.
2.The Assistant Director (Survey & Land Records), Office of the Assistant Director, Collectorate Building, Dindigul District.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Dindigul, Dindigul District.
4.The Village Administrative Officer, Kurumbapatti Village, Dindigul District.
5.The Tahsildar, Office of the Tahsildar, Dindigul West Taluk, Dindigul District. ...Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India to issue a writ of mandamus directing the respondents to survey the petitioner's property extends to 24 cents situated at Survey No.36/2, Kurumbapatti Village, Dindigul District on the basis of the petitioner's application dated 21.09.2022 and representation dated 20.01.2023 in accordance with law within the time stipulated by this Court.
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WP(MD)No.2672 of 2023
For Petitioner : Mr.R.Alagumanil For Respondents : Mr.A.Kannan Additional Government Pleader
ORDER
This Writ Petition is filed for issuance of writ of mandamus directing the respondents to survey the petitioner's property extends to 24 cents situated at Survey No.36/2, Kurumbapatti Village, Dindigul District on the basis of the petitioner's application dated 21.09.2022 and representation dated 20.01.2023 in accordance with law within the time stipulated by this Court.
2. The petitioner filed an application to survey his property to an extent of 24 cents in Survey No.36/2, Kurumbapatti Village, Dindigul District. The petitioner also paid necessary fee for the survey. As no action was taken on the petitioner's application, the petitioner filed the above writ petitionf for the aforesaid reief.
3. When the matter was taken up for hearing, the learned Additional Government Pleader based on the instructions submitted that the four boundaries of the petitioner's lands as per his title documents in document No.3091/2010 were identical to the four boundaries of one 2/5
WP(MD)No.2672 of 2023
Pandiarajan as per his title document in document No.5468/2010 and hence there was serious dispute as to the title of the subject property. The learned Additional Govenrment Pleader further submitted that the wife of the predecessor in title of the petitioner filed a civil suit for declaration and the same was also pending and so, survey could not be conducted.
4. In view of the submissions made by the learned Additional Government Pleader that as civil suit is pending with regard to the title of the property, the prayer of the petitioner for survey of his land cannot be countenanced. It is pertinent to note here that the petitioner has suppressed the pendency of the civil suit, in this writ petition and therefore, the Writ Petition deserves to be dismissed on the said ground also.
5. Hence, I find no merits in the Writ Petition and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
18.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No CM
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WP(MD)No.2672 of 2023
To, 1.The District Collector, Office of the District Collector, Dindigul District.
2.The Assistant Director (Survey & Land Records), Office of the Assistant Director, Collectorate Building, Dindigul District.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Dindigul, Dindigul District.
4.The Village Administrative Officer, Kurumbapatti Village, Dindigul District.
5.The Tahsildar, Office of the Tahsildar, Dindigul West Taluk, Dindigul District.
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WP(MD)No.2672 of 2023
N.MALA,J.
CM
W.P(MD)No.2672 of 2023 and WMP(MD)No.6074 of 2023
18.11.2024
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1 issue framed by the court
Whether a mandamus could issue to survey land when title dispute and civil suit over the property were pending.
1 provisions across 1 enactments
Arunachalam
The District Collector, Dindigul District
The Assistant Director (Survey & Land Records), Dindigul District
The Revenue Divisional Officer, Dindigul
The Village Administrative Officer, Kurumbapatti Village
The Tahsildar, Dindigul West Taluk
N.Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
