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Madras High CourtWP/28542/2024allowed

K.Murugesan v. The District Collector

2024-12-02Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 28542 of 2024 K.Murugesan

...Petitioner

Vs.

1.The District Collector Office of Collectorate Perambalur District 2.The Tahsildar Office of Tahsildar Veppanthattai Taluk, Perambalur District 3.The Head Surveyor Office of Tahsildar, Veppanthattai Taluk, Perambalur District 4.Shanmugam 5.Sekar

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the 2nd and 3rd 1/5

respondents from conducting survey with regard lands in S.No. 72/3 and 72/4 in Poolampadi Village, Vepanthattai Taluk, Perambalur District, in compliance to the order passed by the 2nd respondent dated 31.08.2023.

For Petitioner :

Mr. A.Rajakumar For Respondents :

Mr. P.Sathish 1 to 3 Additional Government Pleader.

For Respondents :

Mr. C.Prabakaran 4 & 5.

O R D E R

The Writ Petition has been filed for the following relief: "To forbear the 2nd and 3rd respondents from conducting survey with regard to lands in S.No.72/3 and 72/4 in Poolampadi Village, Vepanthattai Taluk, Perambalur District, in compliance to the order passed by the 2nd respondent dated 31.08.2023."

2/5

2. Though the Writ Petition has been filed for the above relief, both the counsels on instructions consented that they are ready for a fresh survey. Therefore, the Tahsildar / 2nd respondent shall conduct a fresh survey of the lands of the petitioner as well as the respondents 4 and 5.

3. The Tahsildar shall issue notice to both the parties and the parties shall present on the day when called by the 2nd respondent / Tahsildar, with all the relevant documents. The survey shall be conducted on the basis of the documents presented, within a period of 6 weeks, from the date of receipt of a copy of this order.

4. The Writ Petition is allowed. No costs.

02.12.2024 Index : Yes/No Internet : Yes/No kan 3/5

To 1.The District Collector Office of Collectorate Perambalur District 2.The Tahsildar Office of Tahsildar Veppanthattai Taluk, Perambalur District 3.The Head Surveyor Office of Tahsildar, Veppanthattai Taluk, Perambalur District 4/5

P.T. ASHA, J, kan W.P.No. 28542 of 2024 02.12.2024 5/5