1 BEFORE THE MADURAI BENCH OF MADRAS HIGHCOURT DATED: 02.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.2428 of 2011 O.K.Thirupathi ... Petitioner Vs. 1.The District Collector, Theni District, Theni. 2.The Tahsildar, Taluk Office, Theni. 3.The Firka Surveyor, Taluk Office, Theni. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to measure the petitioner's property in S.F.No.219/11 of Unjampatti Village, Theni Taluk, and District, as per his proceedings in M.L.No.493/10. For Petitioner : Mr.K.Govindarajan For Respondents : Mr.K.Mahesh Raja (R1 and R2) Govt.Advocate O R D E R The petitioner claiming to be a owner of S.F.No.219/4 of Unjampatti Village, Theni Taluk, has filed the present writ petition, seeking for a direction to the respondents to measure the petitioner's property, as per the proceedings in M.L.No.493/10. 2. The petitioner paid a sum of Rs.50/- on 22.12.2010 on the Treasury account of the State Bank of India. Thereafter, he sent a representation to the Superintendent of Police, Theni District, claiming that certain persons are interfering with the possessory rights of the petitioner and also threaten his life and therefore, he wanted action to be taken. 3. In the meanwhile, on the basis of the request made by the petitioner, the Firka Surveyor, Theni, attached to the Tahsildar Office, Theni, sent a letter, asking the petitioner to be present with the original records before the VAO's office, pursuant to the requests made for measuring the land. Thereafter, he has filed the present writ petition, seeking for a direction to the respondents to taken measurement of the land pursuant to the enquiry notice issued by them. 4. When the writ petition came up on 02.03.2011, Notice of Motion was ordered. Private Notice was also permitted. On notice, the second respondent Tahsildar, Theni, has filed a counter affidavit, dated 18.04.2011. In the counter affidavit, it was stated that the land in question was originally stood in the name of one Ponnaiah Gounder. Later https://hcservices.ecourts.gov.in/hcservices/ 2 it was sold to one Kamatchi Chettiar and the said Kamatchi Chettiar sold half of the entire land viz., 3.06 acres to one Karupayee Ammal. The said Kasrupayee Ammal sold 75 cents to the petitioner. 5.In the meanwhile, on the strength of the judgment of the District Munsif Court, Theni, in O.S.No.106/2004, the counter petitioner took possession of the land. The land is not in possession of the petitioner and hence, the respondents are unable to carryout the survey. It is also stated that when notice was sent to the adjoining land owners one V.Paradesi has filed a Suit in O.S.No.15 of 2011, before the District Munsif Court, Theni, objecting to the survey of the land. In view of the pendency of the civil Suit, the respondents are expressed their inability for surveying the land. However, the learned counsel contended that the petitioner is not a party to the civil Suit and he only wants to measurement all the land owned by him. 6. Considering the stand taken by the respondents and also in view of the pendency of the Suit, a direction sought for by the petitioner cannot be granted by this Court. Hence, the writ petition stands dismissed. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1.The District Collector, Theni District, Theni. 2.The Tahsildar, Taluk Office, Theni. 3.The Firka Surveyor, Taluk Office, Theni. +1cc to Special Government Pleader, Sr.No.37912 +1cc to M/s.K.Govindarajan, Sr.No.37879 MPK GH : 18.11.2011 : 2p/6c W.P.(MD)No.2428 of 2011 02.11.2011 https://hcservices.ecourts.gov.in/hcservices/