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Madras High CourtWP/2535/2023disposed of

J.Arugadoss v. The Tahsildar

2023-02-02Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR J.Arugadoss ... Petitioner Vs.

1.The Tahsildar, Madhavaram Taluk, Puzhal, Chennai - 600 066.

2.The Surveyor, Madhavaram Taluk, Puzhal, Chennai - 600 066.

3.K.Vimal Raj 4.K.Sathish Kumar 5.A.Priyadarshini ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first and second respondents herein to survey and fix the boundary stones around the petitioner's land as per the Schedule mentioned in the Registered Document No.4039/1986 measuring to an extent of 2400 comprised in Survey No.306/42 situated in Sivaraj 3rd Street, Puzhal, Chennai - 600 066 within the time framed by this Court. For Petitioner : Mr.K.Sivasubramanian For Respondents : Mr.P.Sathish, for RR1 & 2 Additional Government Pleader 1/4

O R D E R

The Writ Petition has been filed seeking a direction to the respondents 1 and 2 to survey and fix the boundary stones, in respect of the petitioner's property on the basis of registered sale deed executed in his favour. 2.

Heard, the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 and 2. 3.

The grievance of the petitioner is that despite the direction given by the Tahsildar to survey the land, the same has not been surveyed. 4.

When this Court has questioned whether any dispute is pending, the learned counsel for the petitioner fairly submits that he has already filed a civil suit in O.S.No.244 of 2021 on the file of Sub Court, Ponnery against the respondents 3 to 5 in this case.

5.

In such view of the matter, when already dispute is pending, the petitioner is directed to file necessary application before the same Court where the suit is pending. On such application is filed, the learned Subordinate Court, Ponneri is directed to number the application and decide the application after giving 2/4

opportunity to the other side and pass order for surveying the lands on its own merits expeditiously without any delay. That will also enable the trial Court to decide the suit in a proper manner.

6.

With the above direction, this Writ Petition is disposed of. No costs. 02.02.2023 Index :Yes/No AT To 1.The Tahsildar, Madhavaram Taluk, Puzhal, Chennai - 600 066.

2.The Surveyor, Madhavaram Taluk, Puzhal, Chennai - 600 066.

3.The Subordinate Court, Ponneri.

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N.SATHISH KUMAR, J.

AT 02.02.2023 4/4