O R D E R

[Order of the Court was made by P.VELMURUGAN, J.]

The petitioner has filed this civil miscellaneous petition seeking to permit him to file a third party writ appeal as against the order dated

31.08.2023 passed in W.P.(MD) No.10210 of 2023.

2. A perusal of the papers show that even pending the above writ petition, the petitioner herein filed an application in W.M.P.(MD) No.13884 of 2023 to implead him as a party respondent in the writ petition. However, when the said writ petition was taken up for final disposal along with two other writ petitions, i.e., W.P.(MD) Nos.12320 and 18404 of 2023, the petitioner herein had not represented either in person or through his counsel. Therefore, the said impleading application was closed. It appears that the petitioner herein has not challenged the said order closing his impleading application. Therefore, now the petitioner cannot file an application seeking leave of this Court to file a third party writ appeal.

3. Even on merits, the relief sought for in the writ petition in W.P.

(MD) No.10210 of 2023 was only to direct the respondents therein to survey and fix the boundaries of the first respondent's land by considering his representation dated 16.03.2023. The learned Single Judge, by order dated 31.08.2023, disposed of the said writ petition with a direction to the respondents therein to conduct survey, after issuing notice to the adjacent land owners and also to the objectors/rival claimants viz., the petitioner herein and his brother, as per Section 10 of the Tamil Nadu Survey and

Boundries Act and thereafter, take a decision within a period of eight weeks from the date of receipt of a copy of the order. Therefore, this Court finds that the petitioner herein was also directed to be given an opportunity to put forth his objections. In such circumstances, we are of the view that the rights of the petitioner herein are no way affected by the order passed by the learned Single Judge. Therefore, both on merits as well as on technical grounds, the present miscellaneous petition seeking leave of this Court to file a third party writ appeal is not maintainable.

4. Accordingly, this miscellaneous petition is dismissed.

Consequently, W.A.(MD) SR No.96729 of 2023 stands rejected.

[P.V., J.] [N.S., J.]

28.12.2023

NCC : Yes / No Index : Yes / No Internet : Yes / No krk/abr

To:

1.The District Collector,

Madurai,

Madurai District. 2.The Tahsildar, Vadipatti Taluk,

Madurai District,

Madurai.

3.The District Head Surveyor,

Madurai District,

Madurai.

4.The Taluk Surveyor,

Vadipatti Taluk,

Madurai District,

Madurai.

5.The Village Administrative Officer,

Kallanai Village, Vadipatti Taluk,

Madurai District.

P.VELMURUGAN , J .

and

N.SENTHILKUMAR , J .

krk/abr

C.M.P.(MD) No.17616 of 2023

in

W.A.(MD) SR No.96729 of 2023

28.12.2023