Madras High CourtWP/9648/2024dismissed

A.Sagayamary v. The Tahsildar

2024-04-08Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR A.Sagayamary . . Petitioner Vs 1.The Tahsildar Andimadam Taluk Office Ariyalur District 2.The Revenue Divisional Officer Udayarpalayam Udayarpalayam Taluk Ariyalur District 3.P.Antonysamy 4.A.Robelmari 5.Arokiyamary 6.Antony Billavaradhan 7.Pitchai Pillai 8.Lurdu Mari 9.Arul Maritin . .Respondents Page No:1/4

PRAYER : Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus forbearing the respondents 1 and 2 from survey the land comprised in Survey No.142/1 measuring about 0.09.0 acres, S. No.141/6 measuring about 0.10.0 Ares, S. No.128/10A measuring about 0.09.0 Ares, S. No.128/8 measuring about 0.07.50 Ares and S. No.59/5A measuring about 0.19.50 Ares situated at Koovathur (North) Village, Andimadam Taluk, Ariyalur District till the disposal of the suit in O.S. No.26 of 2023 pending on the file of District and Sessions Court, Ariyalur. For Petitioner : Mr.A.Murthy For Respondents : Mr.P.Sathish, Addl. Govt. Pleader for R1 and R2

ORDER

This writ petition has been filed for a direction forbearing the respondents 1 and 2 from conducting any survey pursuant to the direction of this court. Such relief is mainly sought on the ground that the suit for partition is pending between the parties.

2. Merely because a suit for partition is pending, such omni bus direction cannot be granted to the authorities forbearing them from doing their official duties. It is for the authorities to perform their duty as per law, after giving due opportunity to all the parties concerned.

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3. Accordingly, this writ petition is dismissed. No costs. 08.04.2024 Index : Yes / No Speaking/non speaking order Asr To 1.The Tahsildar Andimadam Taluk Office Ariyalur District 2.The Revenue Divisional Officer Udayarpalayam Udayarpalayam Taluk Ariyalur District 3.The Government Pleader High Court, Madras N. SATHISH KUMAR, J.

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