Dinesh Kumar v. The Assistant Commissioner

ORDER The present Writ Petition has been filed challenging the impugned notice dated 13.08.2020 issued by the 2nd respondent calling upon the petitioner and the other parties to appear in the subject property for the purpose of conducting field survey.

¶2It is the case of the petitioner that the entire extent of land comprised in T.S.249, Block 16, Ward in Tirupur was originally belonged to his father to an extent of about 2 acres and while the remaining extent of two acres belonged to the legal heirs of the deceased, namely, M.Palanisamy and N.Arjunan. According to the petitioner, he and the legal heirs of his late father have been in peaceful possession of the said property. Whileso, the 3rd and 4th respondent submitted an application to the 1st respondent seeking measurement and demarcation of 14 cents of land claiming the same to form part of T.S.No.249. Pursuant thereto, the 1st respondent, after conducting a detailed enquiry, passed an order dated 22.06.2015 relegating the respondents 3 & 4 to approach the civil court concerned with regard to title dispute. Subsequently, on 13.08.2020, the Page3 of 4 2nd respondent issued a notice to the petitioner calling upon the petitioner and the other parties to be present in the property for the purpose of conducting field survey of the property. Though the petitioner had submitted his objections to the proposed survey, the 2nd respondent is attempting to proceed with the survey of lands in T.S.No.249. Aggrieved by the same, the petitioner had come forward with the present Writ Petition.

¶3Though a larger relief has been sought for in this Writ Petition, learned counsel appearing for the petitioner restricted his prayer and submitted that the petitioner may be permitted to produce before the 2nd respondent, the order dated 22.06.2015 passed by the 1st respondent wherein the similar request made by the 3rd and 4th respondent had been rejected. He further submitted that, in the absence of any challenge to the rejection order, the act of the respondent authorities in proceeding to survey the land is wholly unsustainable. Accordingly, he prayed for allowing the Writ Petition.

¶4Per Contra, learned Government Counsel appearing for respondents 1 & 2 relying upon the counter affidavit filed on behalf of the 1st respondent, submitted that pursuant to the objections raised by the petitioner, the proposed survey proceedings in respect of the property had already been stopped and therefore, nothing survives for further adjudication in this Writ Petition. Page4 of 4

M.DHANDAPANI, J. NHS

¶5In the light of the submission made by the learned Government Counsel, this Writ Petition stands closed. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed. 01-06-2026 Index: Yes/No Speaking/Non-speaking order NHS To

¶1The Assistant Commissioner, Nallur Region III Tirupur City Municipal Corporation, Tirupur.

¶2The Sub Inspector of Survey, Tirupur City Municipal Corporation, Tirupur South Tirupur and W.M.P.Nos.14419 & 13744 of 2020

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-06-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI and W.M.P.Nos.14419 & 13744 of 2020 Dinesh Kumar ..Petitioner(s) Vs 1. The Assistant Commissioner, Nallur Region III Tirupur City Municipal Corporation, Tirupur. 2. The Sub Inspector of Survey, Tirupur City Municipal Corporation, Tirupur South Tirupur 3. C.Narayanasamy 4. Vellingiri 5. K.Chinnappan ..Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari calling for the records of the notice dated 13.08.2020 issued by the 2nd Respondent pertaining to his proceedings in Na.Ka.3881/2018 and quash the same. Page2 of 4 For Petitioner(s): Mr.K.S.Karthik Raja For Respondent(s): Mr.C.Prabakaran, Government Counsel for RR-1 & 2 No Appearance for RR-3 & 4 Tapal returned with an endorsement "Died" for R-5