N. Thaha Khan vs Shajakhan And Ors

Pushpa Sathyanarayana, J

This Writ Appeal is directed against the order made in W.P(MD)No.2949 of 2017, dated 21.02.2017, wherein, the Writ Petition filed by the Writ Petitioner/first respondent herein, was disposed of by directing the authorities concerned to consider his representation given for surveying his land.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

The Writ Appellant is a third party. The original Writ Petitioner namely, one Shajakhan, Son of Mohammed had filed a Writ of Mandamus directing the respondent to survey the Petitioner's land and mark the four boundaries in Old Survey No. 73/3, New Survey No.224/2 and 224/20, measuring an extent of 3.04 acres situated at Periyapattinam Village, Keelakarai Taluk, Ramanathapuram District, in terms of Section 7 of the Tamil Nadu Survey and Boundaries Act, 1923, based on his representation dated 7.11.2016.

The said Writ Petition was disposed of by this Court on 21.2.2017, with a direction to the respondent to consider the representation of the Petitioner and pass orders on the same on merits and in accordance with law.

The learned Special Government Pleader appearing for the second respondent as well as the learned counsel appearing for the Writ Petitioner represents that pursuant to the order of this Court dated 21.02.2017, the Surveyor had measured the property and fixed the boundary stones as per the possession of the Writ Petitioner.

The Writ Appellant states that there is already a Writ Petition pending in W.P(MD)No.16446 of 2014, wherein, he has challenged the order of the District Revenue Officer, Ramanathapuram, dated 31.07.2014 in Order NO.Pa.Mu. 43156/2012(B6), wherein, the revision petition filed by one Mohammed, who is the father of the Writ Petitioner in W.P(MD)NO. 2949 of 2017, was partly allowed and a direction to issue patta was ordered.

In the present Writ Appeal, only the lands of the Writ Petitioner have been measured and survey stones were placed. It would not be prejudicial to the Writ Appellant in any manner. The learned Special Government Pleader is directed to file the survey report pursuant to the orders passed by this Court, dated 21.2.2017 before this Court in W.P(MD)No.16446 of 2014. It is open to the Writ Appellant to canvass the correctness of the survey report in the pending Writ Petition.

In view of the above directions, this Writ Petition is closed. Consequently, connected Civil Miscellaneous Petition is closed. No costs.