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V.Danislas v. a.Amalraj

Madras HC14 Mar 2025WA(MD)/490/2022

Case brief

AI extract

What is this about?

Parallel survey by revenue authority improper while jurisdictional civil court seized of subject matter; writ appeal allowed, single Judge's survey order dated 07.04.2022 in W.P(MD)No.6463 of 2022 set aside; pending suit O.S.No.174 of 2021, Sub Court, Sivagangai (declaration and permanent injunction; A.Amalraj first defendant); third-party writ appeal; Madurai Bench, decision 14.03.2025, G.R.Swaminathan J.; keywords: parallel survey, civil suit pending, survey department, writ appeal allowed.

What did the court decide?

The single Judge's order dated 07.04.2022 in W.P(MD)No.6463 of 2022 directing survey is set aside; the parties' rights are left to be governed by the outcome of O.S.No.174 of 2021 (Sub Court, Sivagangai); the Writ Appeal is allowed with no costs, and the connected miscellaneous petitions (C.M.P(MD)Nos.4516 & 4515 of 2022) are closed.

V.Danislas Vs a.Amalraj — Madras HC (2025) — LawSathi Research

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W.A.(MD)No.490 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 14.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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AND

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THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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W.A(MD)No.490 of 2022 and C.M.P(MD)Nos.4516 & 4515 of 2022

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V.Dhanislas ... Appellant / 3^rd Party

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Vs.

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1.A.Amalraj ... 1^st Respondent / Petitioner

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2.The District Collector, Office of the District Collector, Sivagangai District.

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3.The Tahsildar, Office of the Tahsildar, Land Survey Department, Kalaiyarkovil Taluk, Sivagangai District.

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4.The Assistant Director, Survey Department, Office of the District Collector, Sivagangai District.

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5.The Deputy Inspector, Survey Department,

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

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1/4

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W.A.(MD)No.490 of 2022

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Taluk Office, Kalaiyarkovil Circle, Sivagangai District. ... Respondents / Respondents

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Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order of the Hon'ble Judge dated 07.04.2022 made in W.P(MD)No. 6463 of 2022 by allowing this Writ Appeal.

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For Appellant : Mr.R.Suriyanarayanan

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For Respondents : Mr.R.Devaraj for R.1

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Mr.S.RA.Ramachandran Additional Government Pleader for R.2 to R.5

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JUDGMENT

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(Judgment of the Court was made by G.R.Swaminathan J.)

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Heard both sides.

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2.Thiru.A.Amalraj / first respondent herein filed W.P(MD)No.6463

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of 2022 for conducting survey of the petition mentioned property. The learned single Judge vide order dated 07.04.2022 directed the official

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respondents to conduct survey. Aggrieved by the said order, this third party Writ Appeal has been filed.

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

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2/4

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W.A.(MD)No.490 of 2022

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3.It is brought to our notice that the appellant Danislas has filed

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O.S.No.174 of 2021 on the file of Sub Court, Sivagangai seeking declaration and permanent injunction. A.Amalraj is figuring as the first defendant in the suit. When the jurisdictional civil Court is seized of the subject matter, it may not be proper for the revenue authority to conduct any parallel survey. In this view of the matter, the order impugned in this Writ Appeal is set aside. The rights of the parties will be governed by the outcome of the civil suit.

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4.This Writ Appeal is allowed accordingly. No costs.

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Consequently, connected miscellaneous petitions are closed.

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[G.R.S., J.] [M.J.R., J.] 14.03.2025

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NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA

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1.The District Collector, Office of the District Collector, Sivagangai District.

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