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M.Palanimurugan v. Selvamurugan

Madras HC6 Mar 2025WA(MD)/220/2022

Case brief

AI extract

What is this about?

Survey versus pending civil suit; parallel enquiry by survey/revenue authorities not warranted when civil Court seized of matter; rights abide by suit outcome; writ appeal allowed, single Judge's survey-direction order set aside; suit O.S.No.54 of 2021 (permanent injunction) before Additional District Munsif Court, Thirumangalam to be disposed within six months; Kallikudi Taluk, Madurai District; Madurai Bench of Madras High Court.

What did the court decide?

Writ Appeal allowed on these terms; the single Judge's order dated 08.11.2021 in W.P.(MD)No.19595 of 2021 set aside; Additional District Munsif Court, Thirumangalam requested to dispose of O.S.No.54 of 2021 on merits and in accordance with law within six months from the date of receipt of a copy of this order; no costs; connected miscellaneous petition (C.M.P.(MD)No.2112 of 2022) closed.

M.Palanimurugan Vs Selvamurugan — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, while a civil suit between the parties (O.S.No.54 of 2021, Additional District Munsif Court, Thirumangalam, seeking permanent injunction, at the evidence stage) is pending, the survey authorities may conduct a parallel enquiry or survey, and consequently whether the learned single Judge's order dated 08.11.2021 directing such a survey at the instance of the first respondent should stand.

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Court's answer

When the civil Court is seized of the matter, the question of the survey authorities conducting a parallel enquiry or survey does not arise, and the rights of the parties will abide by the outcome of the suit.

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Ratio / Principle

On that basis, the order passed by the learned single Judge (dated 08.11.2021 in W.P.(MD)No.19595 of 2021) is set aside.

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Detailed headnote1 paragraphs

Division Bench (G.R.Swaminathan and M.Jothiraman, JJ.; order made by G.R.Swaminathan, J.), Madurai Bench of Madras High Court, 06.03.2025: Writ Appeal against the learned single Judge's order dated 08.11.2021 in W.P.(MD)No.19595 of 2021, which had directed the survey authorities to conduct a survey at the instance of the first respondent (Selvamurugan). The appellant (M.Palanimurugan) had already filed O.S.No.54 of 2021 before the Additional District Munsif Court, Thirumangalam seeking permanent injunction; the suit was at the evidence stage. The Bench held that when the civil Court is seized of the matter, the question of the survey authorities conducting a parallel enquiry or survey will not arise and the rights of the parties will abide by the outcome of the suit. Accordingly, the single Judge's order was set aside, the trial Court was requested to dispose of the suit on merits within six months from receipt of a copy of the order, the Writ Appeal was allowed without costs, and the connected miscellaneous petition was closed.

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W.A(MD) No.220 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 06.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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W.A(MD) No.220 of 2022 and C.M.P.(MD)No.2112 of 2022

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M.Palanimurugan ... Appellant / 3^rd Party

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1.Selvamurugan ... 1^st Respondent / Petitioner

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2.The District Collector, District Collectorate Office, Madurai, Madurai District.

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3.The Tahsildar, Taluk Office, Kallikudi Taluk, Madurai District.

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4.The Surveyor, Taluk Office Campus, Kallikudi Taluk, Madurai District.

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... Respondents 2 to 4 / Respondents

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1/4

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

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W.A(MD) No.220 of 2022

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PRAYER:

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PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the orders passed by this Court in W.P.(MD)No. 19595 of 2021, dated 08.11.2021 by allowing the writ appeal as prayed for.

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For Appellant : Mr.M.Kannan

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For Respondents : Mr.P.Ganapathi Subramanian for R1 : Mr.S.Ra.Ramachandran Additional Government Pleader for R2 to R4

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ORDER

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( Order of the Court was made by G.R.SWAMINATHAN, J.)

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Heard both sides.

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By order dated 08.11.2021 in W.P.(MD)No.19595 of 2021, the

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learned single Judge had directed the authorities to conduct survey at the instance of the first respondent herein (Selvamurugan). The said order is under challenge in this writ appeal. The learned counsel for the appellant states that the appellant had already filed O.S.No.54 of 2021 on the file

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2/4

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

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W.A(MD) No.220 of 2022

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of the Additional District Munsif Court, Thirumangalam seeking permanent injunction. The suit is at the evidence stage. When the civil Court is seized of the matter, the question of the survey authorities conducting parallel enquiry or survey will not arise. The rights of the parties will abide by the outcome of the suit. The Additional District Munsif Court, Thirumangalam is requested to dispose of the aforesaid suit on merits and in accordance with law within a period of six months from the date of receipt of a copy of this order. The order passed by the single Judge is set aside.

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