Writ appeal against a single judge's direction to conduct a land survey. The Division Bench set aside the direction since the parties' civil dispute was pending before it in second appeal, leaving the writ petitioner free to seek survey if he succeeded there.
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.A.(MD)No.1212 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.02.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A(MD)No.1212 of 2021 and C.M.P(MD)No.5120 of 2021
... Appellants 1 to 6 / Respondents 3 to 8
Vs.
1.R.Vinoth Kumar
... 1st Respondent / Petitioner
1/4
W.A.(MD)No.1212 of 2021
Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act pleased to allow the writ appeal and set aside the order dated 02.12.2020 made in W.P(MD)No.13950 of 2020.
For Appellants : Mr.PT.S.Narendravasan For Respondents : Mr.K.R.Laxman for R.1
Mr.S.RA.Ramachandran Additional Government Pleader for R.2
Mr.A.Albert James Government Advocate for R.3
JUDGMENT
(Judgment of the Court was delivered by G.R.SWAMINATHAN, J.)
Heard both sides.
2.The first respondent herein Thiru.R.Vinoth Kumar wanted
survey to be done in respect of the subject property. Since survey was not done, he filed W.P(MD)No.13950 of 2020. The writ petition was disposed of on 02.12.2020 with a direction to conduct survey. Aggrieved by the same, the contesting respondents have filed this writ appeal.
2/4
W.A.(MD)No.1212 of 2021
3.The learned counsel appearing for the appellants submits that
the civil dispute between parties is pending in S.A(MD)No.41 of 2025. When this Court is seized of the matter in exercise of civil jurisdiction, it may not be appropriate for the survey authorities to parallely conduct survey. In this view of the matter, we are constrained to set aside the order impugned in this writ appeal.
4.Order dated 02.12.2020 made in W.P(MD)No.13950 of 2020
is set aside. In the event of the writ petitioner / first respondent herein succeeding in the second appeal, it is always open to him to approach the survey authority for conducting survey and the survey authority will be obliged to survey, measure and demarcate the property thereafter.
5.This Writ Appeal is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.
[G.R.S., J.] [M.J.R., J.] 06.02.2025
NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA
3/4
W.A.(MD)No.1212 of 2021
G.R.SWAMINATHAN,J.
AND
M.JOTHIRAMAN, J.
MGA
To
W.A(MD)No.1212 of 2021 and C.M.P(MD)No.5120 of 2021
06.02.2025
4/4
1 issue framed by the court
Whether a survey direction could stand when a civil dispute over the same property was pending in second appeal.
C.Alagesan
M.Anandan
Boomadevi
Muthupetchi
Muthumari
Sornavalli
G.R.Swaminathan
M.Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
