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2023 Supreme(Online)(MAD) 14545

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2023 CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)Nos.10210, 12320 and 18404 of 2023 and W.M.P.(MD)No.10487 of 2023 and W.M.P.(MD)Nos.13884 and 13885 of 2023 W.P.(MD)No.10210 of 2023 K.G.Pandian ... Petitioner versus

1. The District Collector, Madurai District, Madurai.

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, Madurai. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents herein to survey and fix the boundaries of the petitioner's land situate at Kallanai Village, Vadipatti Taluk, Madurai District comprised in S.Nos.193/4B, 160/1, 136/1A, 35/20B, 41/10B, 41/10A1, 136/1B, 100/1B, 41/10A, 133/5A, 133/6A and 133/7, admeasuring total extent of 8.26 ½ Acres, having patta Nos.3203, 3204, 3206, 3209 and 3210 by considering the petitioner's representation dated

16.03.2023 within the time frame as may be fixed by this Court.

For Petitioner : Mr.S.Senthil For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader W.P.(MD)No.12320 of 2023 A.Ravichandran ... Petitioner versus

1. The District Collector, Madurai, Madurai District.

2. The Tahsildar, Vadipatti Taluk, Madurai District.

3. The Head Surveyor, Vadipatti, Vadipatti Taluk, Madurai District.

4. The Village Administrative Officer, Kallanai Village, Alanganallur, Vadipatti Taluk, Madurai District.

5. K.G.Pandiyan ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to forbear the respondents 1 to 4 from conducting survey and subdivision of the petitioner's land in Survey Nos.133/5A, 133/6A, 133/7, 100/1B, 41/10A, 136/1B, 41/10A1, 41/10B, 35/20B, 136/1A, 160/1, 193/4B in Kallanai Village, Alanganallur, Madurai District without due process of law.

For Petitioner : No appearance For R1 to R4 : Mr.G.V.Vairam Santhosh, Additional Government Pleader For R5 : Mr.S.Senthil W.P.(MD)No.18404 of 2023 A.Ravichandran ... Petitioner versus

1. The Inspector General of Registration, Santhome High Road, Pattinapakkam, Chennai – 600 028.

2. The District Registrar, District Registrar Office, Rajagambeeram, Y,Othakadai, Madurai District.

3. The Sub-Registrar, Alanganallur Sub Registrar Office, Alanganallur, Madurai District.

4. ICICI Bank Limited, Rep. by its Branch Manager, Kanavaipatti Branch, Sanarpatti, Dindigul District.

5. K.G.Pandiyan ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents 1 to 3 herein to consider the representation of the petitioner dated 25.05.2023 and conduct enquiry by issuing notice to the 5th respondent and pass appropriate orders to cancel the sale deeds D.No.442/2020, 443/2020 and 444/2020 dated 30.01.2020 and the mortgage deed D.No.178/2020 dated 14.01.2020 executed in favour of the 5th respondent by the petitioner and the deed of Memorandum of Deposit of the Title Deeds executed by the 5th respondent in favour of the 4th respondent Bank.

For Petitioner : No appearance For R1 to R3 : Mr.G.V.Vairam Santhosh, Additional Government Pleader For R5 : Mr.S.Senthil

COMMON ORDER

W.P.(MD)No.10210 of 2023 is filed by one K.G.Pandian, for a Mandamus, directing the respondents to survey and fix the boundaries of the lands comprised in S.Nos.193/4B, 160/1, 136/1A, 35/20B, 41/10B, 41/10A1, 136/1B, 100/1B, 41/10A, 133/5A, 133/6A and 133/7, admeasuring total extent of 8.26 ½ Acres, situated at Kallanai Village, Vadipatti Taluk, Madurai District, by considering his application dated 16.03.2023

2. The learned counsel for the petitioner in W.P.(MD)No.10210 of 2023, by referring to the challen dated 11.03.2023, submits that the petitioner has applied for surveying his lands along with the required fee. However, the respondents have not conducted survey. Therefore, the petitioner has filed this writ petition.

3. Mr.G.V.Vairam Santhosh, learned Additional Government Pleader appearing for the respondents submits that one A.Ravichandran, who is the petitioner in W.P.(MD)No.12320 of 2023 and his brother one A.Kannan, have raised certain objections and prevented the officials from conducting survey. Therefore, survey could not be conducted.

4. It appears that the said Ravichandran and his brother A.Kannan have also filed impleading petitions to implead them as parties to the writ petition in W.M.P.(MD)Nos.13885 and 13884 of 2023 in W.P.(MD)No.10210 of 2023, through a counsel Mr.S.Syed Mohammed Bhadhusa. However, when the writ petition is taken up for hearing, there is no representation for the said Ravichandran in W.M.P. (MD)No.13885 of 2023 and there is no representation for A.Kannan in W.M.P.(MD)No.13884 of 2023. The said Ravichandran has also filed another writ petition in W.P.(MD)No.18404 of 2023, through Advocates, one Mr.S.Devarajan and Mr.S.Syed Mohammed Bhadusha, for a Mandamus directing the respondents 1 to 3 therein to consider his representation dated 25.05.2023 and conduct an enquiry by issuing notice to the 5th respondent therein, who is the petitioner in W.P. (MD)No.10210 of 2023 and pass appropriate orders to cancel the sale deeds in D.Nos.442/2020, 443/2020 and 444/2020 dated 30.01.2020 and the mortgage deed in D.No.178/2020 dated 14.01.2020 executed in favour of the 5th respondent by him.

5. It also appears that the said Ravichandran has also filed another writ petition in W.P.(MD)No.12320 of 2023 through Advocate Mr.S.Sysed Mohammed Badhusa, for a Mandamus, to forbear the respondents 1 to 4 from conducting survey and subdivision of the lands in Survey Nos.133/5A, 133/6A, 133/7, 100/1B, 41/10A, 136/1B, 41/10A1, 41/10B, 35/20B, 136/1A, 160/1, 193/4B in Kallanai Village, Alanganallur, Madurai District.

6. Even in both the writ petitions, viz, in W.P.(MD)Nos.18404 of 2023 and 12320 of 2023, there is no representation for the said Ravichandran. However, in W.P.(MD)No.18404 of 2023, when the writ petition came up for admission, it came to know that learned counsel Mr.S.Devarajan, in whose name this writ petition has been filed, has circulated a letter to the Registrar (Judicial) that by forging his signature, this writ petition has been filed. The Advocate Mr.S.Devarajan also claimed that he has also lodged a complaint in this regard. This writ petition was represented by one Mr.M.Pitchaimuthu, learned counsel representing on behalf of Mr.S.Devarajan and when he has been verified by this Court, he submitted that the case papers have been entrusted to him by one S.Syed Mohammed Bhadusha, who is a practising Advocate before the District Court.

7. Since a complaint has been lodged by the counsel Mr.S.Devarajan, that by forging his signature, the vakalat has been filed in W.P.(MD)No.18404/2023, this Court has directed the Registrar (Judicial), Madurai Bench of Madras High Court, to conduct an enquiry and submit a report before this court.

8. The Registrar (Judicial) has filed a report as follows:

“One M.K.Muthukumaran , who is stated to have been misused the name of the counsel Mr.Devarajan, in W.P.(MD)No.18404 of 2023 did not appear for enquiry on 31.07.2023. Therefore, notice was sent through Bailiff, d

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