V RAJENDRAN Vs. MARIAPPAN

JUDGEMENT

(1.) This Writ Appeal is filed by the fourth respondent in W.P(MD)No.10100 of 2013.

(2.) In the said Writ Petition, the prayer was to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 28.03.2013 in Petition No.19 of 2013 passed by the third respondent and quash the same.

(3.) The impugned order was passed by the Inspector, Land Surveyor, Tuticorin. In the said Petition No.19 of 2013, the writ petitioner had sought for measurement of the property situated in Survey No.138/3B in Maravanmadam Village. It is his case that about 12 plots purchased by him and others, have to be measured and identified. The appellant had filed a caveat stating that in Survey No.138/3B a portion of the property belonged to his mother Chandra and that the measurements should not be done. The appellant has stated further that he had already filed a caveat before the civil Court and there is a title dispute between the appellant and the fourth respondent. The Land Surveyor had directed the parties to get their title before the appropriate civil Court. Aggrieved by that, the writ petitioner had filed the above Writ Petition, which was disposed of directing the respondents 2 and 3 therein to survey and measure the plot of the writ petitioner and others, after giving notice to the fourth respondent. It was also further stated that mere filing of caveat petition will not preclude the authorities from surveying the property. Aggrieved by the abovesaid order, the fourth respondent has preferred the above Writ Appeal.