1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA and THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.A.(MD)No.1094 of 2011 and M.P.(MD)No.1 of 2011 Lanco Tanjore Power Company Limited, (Formerly known as Aban Power Company Limited) represented by Company Secretary, No.9, Karuppur Village, Pandhanallur Via., Thiruvidaimarudur Taluk, Thanjavur District. .. Appellant/Petitioner vs. 1.The District Collector, Thanjavur District, Thanjavur. 2.The Revenue Divisional Officer, Kumbakonam, Thanjavur District. 3.The Tahsildar, Kumbakonam, Thanjavur District. 4.The Assistant Director of Survey and Land Records, Thanjavur. 5.M.Vijendran .. Respondents/Respondents Writ Appeal is filed under Clause 15 of the Letters Patent against the order of this Court dated 12.10.2011 passed in W.P.(MD)No.11083 of 2011. Praying for the issue of a Writ of Mandamus, for bearing the respondents 1 to 4 from surveying and measuring the property in Old R.S.No.350/3 New R.S.No.350/4 in Kottaiyur Village, Kumbakonam Taluk, Thanjavur District during the pendency of the civil suit O.S.No.23 of 2009 on the file of the Principal District Munsif Court, Kumbakonam in the absence of any Court direction or order from the competent Court. For appellant : Mr.R.Yashod Vardhan, Senior Counsel, for Mr.G.R.Swaminathan For respondents 1 to 4 : Mr.V.Pandi, Government Advocate https://hcservices.ecourts.gov.in/hcservices/ 2 JUDGMENT (Judgment of the Court was delivered by K.N.BASHA, J) Mr.V.Pandi, learned Government Advocate, takes notice for the respondents 1 to 4. By mutual consent, the Writ Appeal itself is taken up for final hearing. 2. Challenge in this Appeal is to the order of the Writ Court dated 12.10.2011passed in W.P.(MD)No.11083 of 2011 dismissing the Writ Petition filed by the appellant seeking for the relief of a Mandamus forbearing the respondents 1 to 4 from surveying and measuring the property in Old R.S.No.350/3 New R.S.No.350/4 in Kottaiyur Village, Kumbakonam Taluk, Thanjavur District during pending of the Civil Suit in O.S.No.23 of 2009 on the file of the Principal District Munsif Court, Kumbakonam in the absence of any Court direction or order from the competent Court. 3. The learned Senior Counsel appearing for the appellant would contend that there is a Civil Suit pending between the parties viz., the appellant and the fifth respondent herein in O.S.No.23 of 2009 on the file of the Principal District Munsif Court, Kumbakonam. It is further contended that during the pendency of the said suit, the plaintiff viz., the fifth respondent herein without making any application straight away approached the revenue authorities viz., the respondents 1 to 4 herein for the relief of surveying the property, to which, the appellant is the owner of the property, which prompted the appellant to move before this Court by filing Writ Petition (MD)No.11083 of 2011. It is submitted that the Writ Court dismissed the said Writ Petition by giving liberty to the petitioner/appellant to move appropriate applications before the Civil Court in which the suit is pending. The learned Senior Counsel appearing for the appellant would submit that in view of the same, the appellant has also initiated taking steps to file appropriate application before the Civil Court and till such time, an order of status-quo may be granted as the petitioner had the benefit of interim stay during the pendency of the Writ Petition on the file of this Court. It is pointed out by the learned counsel that the said order was passed by the Writ Court even before serving notice to the fifth respondent herein at the admission stage itself. 4. We have carefully considered the submissions of the learned counsel appearing for the appellant. It is seen from the order of the Writ Court that the Writ Court, while dismissing the Writ Petition has given liberty to the appellant to prefer appropriate applications before the Civil Court in which the suit is pending between the appellant and the fifth respondent. It is seen that the fifth respondent/plaintiff in the suit has approached the revenue authorities/the respondents 1 to 4 for surveying the property, which is said to be belonging to the appellant herein. 5. Considering all these factors, this Court is inclined to grant the relief of status-quo as on date in respect of surveying and measuring the property in Old R.S.No.350/3 New R.S.No.350/4 in Kottaiyur https://hcservices.ecourts.gov.in/hcservices/ 3 Village, Kumbakonam taluk, Thanjavur District, for a period of four weeks from the date of receipt of a copy of this order enabling the appellant to approach the Principal District Munsif Court, Kumbakonam for filing appropriate application in O.S.No.23 of 2009. 6. With the above observation, the Writ Appeal is hereby disposed of. The connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To 1.The District Collector, Thanjavur District, Thanjavur. 2.The Revenue Divisional Officer, Kumbakonam, Thanjavur District. 3.The Tahsildar, Kumbakonam, Thanjavur District. 4.The Assistant Director of Survey and Land Records, Thanjavur. Asvm SR : 31.10.2011 : 3p/5c W.A.(MD)No.1094 of 2011 and M.P.(MD)No.1 of 2011 20.10.2011 https://hcservices.ecourts.gov.in/hcservices/