PADIKALAI Vs. DISTRICT COLLECTOR, MADURAI DISTRICT

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner, as well as the learned counsel appearing for the respondents.

(2.) AT this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the respondents had submitted that a second appeal, in S.A.No.122 of 2004, is pending on the file of this Court, relating to the land in question. He had further submitted that the adjacent land owner has also filed a civil suit, in O.S.No.21 of 2006, before the District Munsif Court, Melur, and it is pending adjudication.

(3.) IN view of the submissions made by the learned counsel appearing on behalf of the petitioner, as well as the respondents, the third respondent is directed to survey the land in re-survey No.159, Mangulam Village, Madurai District, within a period of 12 weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner, as well as the other parties concerned, if there are no legal impediments to do so. However, it is made clear that the act of surveying of the land in question shall not vest any additional right or claim, in respect of the property concerned, in favour of the petitioner. The title relating to the property in question shall be established by the petitioner, if any dispute arises with regard to the same, before the appropriate forum, in the manner known to law. The Writ Petition is disposed of with the above directions. No costs.