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Madras High CourtWP/35203/2023dismissed as infructuous

V.Chandiran v. The Head Tahsildar

2024-01-18Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN V.Chandiran ... Petitioner Vs.

1. The Head Tahsildar Shoolagiri Taluk, Krishnagiri District Pin-635 117 (Previously Dharmapuri District)

2. The Head Surveyor Shoolagiri Taluk Krishnagiri District Pin-635 117 (Previously Dharmapuri District)

3. The Inspector of Police Shoolagiri Police Station Shoolagiri Krishnagiri District Pin-635 117 (Previously Dharmapuri District) ... Respondents (R3 -Dismissed as per order dated 02.01.2024 in WP No.35203/2023) Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first Respondent to direct the second respondent to survey, measure and with marking of the Boundaries and for fencing the demised property situated at Shoolagiri Village, 1/5

Shoolagiri Taluk, Krishnagiri District, measuring an extent of 0.35 cents comprised in Survey No.121/8, bearing Patta No.6849 within the Registration District of Krishnagiri and Sub Registration District of Shoolagiri with the help of the Police Protection, third Respondent. For Petitioner : Mr.J.Harikrihsna For R1 and R2 : Mrs.V.Yamunadevi Special Government Pleader

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the first Respondent to direct the second respondent to survey, measure and with marking of the Boundaries and for fencing the demised property situated at Shoolagiri Village, Shoolagiri Taluk, Krishnagiri District, measuring an extent of 0.35 cents comprised in Survey No.121/8, bearing Patta No.6849 within the Registration District of Krishnagiri and Sub Registration District of Shoolagiri, with the help of the Police Protection, third Respondent.

2. The 1st respondent has filed a counter affidavit dated 11.01.2024 in which it is stated that admittedly the petitioner had sent a representation on 16.05.2022 with a request to survey and measure the land. The Firka Surveyor went to the subject matter of land on 27.04.2023 to measure the 2/5

land during which, one Tamilraj objected to measure the land and hence, the said land was not surveyed and measured. Again on 08.01.2024, the Firka Surveyor along with police went to the subject land and surveyed and measured the land and shown boundaries of the land to the petitioner and survey stones were also fixed on the boundaries of the land and that the grievances of the petitioner was redressed.

3. As per the counter affidavit filed by the 1st respondent, survey was already conducted in the subject land and survey stones were also fixed on the boundaries of the land and therefore, the writ petition has become infructuous. If the petitioner is aggrieved with the survey, he can work out his remedy in the manner known to law.

4. Accordingly, this Writ Petition is dismissed as infructuous. There shall be no order as to costs.

18.01.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The Head Tahsildar Shoolagiri Taluk, Krishnagiri District Pin-635 117 (Previously Dharmapuri District)

2. The Head Surveyor Shoolagiri Taluk Krishnagiri District Pin-635 117 (Previously Dharmapuri District)

3. The Inspector of Police Shoolagiri Police Station Shoolagiri Krishnagiri District Pin-635 117 (Previously Dharmapuri District) 4/5

P.VELMURUGAN. J.

Ksa-2 18.01.2024 5/5