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Madras High CourtWP/22075/2019disposed of

Palanisamy v. The District Collector

2024-04-04Honourable Mr Justice N. Sathish Kumar5 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 04-04-2024

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.22075 of 2019 Palanisamy ...

Petitioner -vs1.The District Collector, Office of the District Collector, Namakkal District, Namakkal.

2.The Revenue Taluk Officer, Thiruchenkodu Taluk, Thiruchenkodu.

3.The Tahsildar, Kumarapalayam Taluk, Kumarapalayam.

4.The Taluk Surveyor, Kumarapalayam Taluk, Kumarapalayam.

5.The Inspector of Police, Mousi Police Station, Kumarapalayam Taluk, Kumarapalayam.

6.Jeyamani ...

Respondents

2/5 Writ Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing third and fourth respondents to measure the Survey No.47/2, measuring 2.04 acres, Kokarayanpettai Village, Pallipalayam, Namakkal District, with the aid of fifth respondent. For Petitioner : Mr.P.Muthukumarasamy For Respondents 1 to 5 : Mr.U.Bharanidharan, Addl.Govt.Pleader.

For Respondent 6 : Mr.N.Vijaya Baskar for M/s.Law Vision

ORDER

This Writ Petition has been filed praying for a direction to third and fourth respondents to measure the Survey No.47/2, measuring 2.04 acres, Kokarayanpettai Village, Pallipalayam, Namakkal District, with the aid of fifth respondent.

2. The case of the petitioner is that he purchased an extent of 2.04 acres out of total extent of 5.12 acres and 2.04 acres was purchased by one Srinivasan and that the balance land of 1.04 acres was in possession of the vendor, which has been purchased by sixth respondent. Therefore, the petitioner filed an application on 19.09.2017 before the respondents for surveying his property and laying boundary stones.

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3. Third respondent has filed a counter affidavit, wherein it has been stated that a survey was conducted on 13.09.2019, wherein it is found that the petitioner is in enjoyment of only 1.87 acres instead of 2.04 acres, and the said fact has also been intimated to the petitioner vide Lr.No.Roc.78/2018 (FL)/A5, dated 19.09.2019.

4. Learned counsel for sixth respondent submits that civil suits are pending between the petitioner and the sixth respondent with regard to the subject matter and that they have entered into a compromise on the issue.

5. In such view of the matter, no direction is required to be issued in this Writ Petition, which is, accordingly, disposed of. No costs. 04-04Index : Yes/No Internet : Yes/No dixit To 1.The District Collector, Office of the District Collector, Namakkal District, Namakkal.

2.The Revenue Taluk Officer, Thiruchenkodu Taluk,

4/5 Thiruchenkodu.

3.The Tahsildar, Kumarapalayam Taluk, Kumarapalayam.

4.The Taluk Surveyor, Kumarapalayam Taluk, Kumarapalayam.

5.The Inspector of Police, Mousi Police Station, Kumarapalayam Taluk, Kumarapalayam.

5/5 N.SATHISH KUMAR, J.

dixit W.P.No.22075 of 2019 04-04-2024