R. SENTHILKUMAR Vs. S.M. KESAVAN AND ORS.

JUDGEMENT

(1.) This writ appeal has been preferred against the order of the learend Single Judge, dated 22.07.2013, made in W.P.(MD).No.11645 of 2013. The above said writ petition was preferred by the first respondent herein. The appellant in the writ appeal was not a party in the above said writ petition. Hence, with leave of the Court, the appellant has preferred the present writ appeal.

(2.) The prayer made in the writ petition is for the issue of a Writ or order or direction in the nature of a Writ of Mandamus directing the Tahsildar, Peravurani Taluk, Thanjavur District and the Surveyor, Peravurani Taluk, Thanjavur District / respondents 2 and 3 in the writ appeal to measure the first respondent's property situated at Nattanikottai Village, Peravurani Taluk, Thanjavur District in Survey Nos.52/2B1A and 52/2B1C. Such a prayer came to be made based on the allegation that though the first respondent paid necessary fees for the measurement and sub division of those properties, the respondents 2 and 3 did not act on the request made by the first respondent.

(3.) Claiming to be the owners of an extent of 45 cents forming part of Survey No.52/2A, the appellant in the writ appeal and one Andal filed a suit in O.S.No.112/2011 on the file of the District Munsif Court, Pattukkottai against the first respondent in the writ appeal and several other persons, contending that the defendants therein were trying to take the property abutting the road, whereas they were entitled to a portion on the North Western corner of Survey No.52/2A. Based on such averment, the plaintiff therein had prayed for the following reliefs:-