Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 2167 (MAD)

Jothi v. District Collector

2014-07-17

S.VAIDYANATHAN

body2014
Judgment : 1. The petitioner has filed this writ petition for the issuance of a Writ of Certiorari, calling for the records relevant to the summon in Land Boundaries measurement 16386/2012 dated 14.12.2012 passed by the second respondent and quash the same as totally illegal, improper and arbitrary and against the Land Survey Act. 2. Heard the counsel on either side. 3. Pursuant to the request of the fifth respondent Thiru N.Kumaragurubaran, the Tahsildar has intimated the petitioner and others that he has to survey the land in Survey No.214/2C. The Tahsildar requested the petitioner and others to cooperate and be present at the time of surveying the land. As against which the petitioner has come up with the above writ petition. 4. The learned counsel for the fifth respondent has contended that in the writ petition, there is no mentioning about Survey No.214/2C. He has also submitted that the fifth respondent has already filed a suit for partition. 5. This Court does not want to go into those questions as the impugned order dated 14.12.2012 is only an intimation from the Tahsildar to the petitioner and others and the second respondent has not decided any issue with regard to the property of the writ petitioner or the fifth respondent or any other person. 6. The learned Government Advocate appearing for the second respondent has made it very clear that it is open to the petitioner to be present at the time of surveying the land by the Tahsildar and if any queries are made by the Tahsildar, he can make necessary submissions to establish his case, so also the fifth respondent can also produce the documents. 7. In view of the above, the writ petition is devoid of merits and the same is accordingly dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.