Madras High CourtWP(MD)/2641/2024disposed of

Karuppan @ Ammasi v. The Tahsildar

2024-03-04Honourable Mr Justice D. Krishnakumar,Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE P.DHANABAL W.P.(MD)No.2641 of 2024 and W.M.P.(MD)No.2657 of 2023 Karuppanna @ Ammasi ... Petitioner -Vs1.The Tahsildar, Taluk Office, Melur Taluk, Madurai District.

2.The Block Development Officer (Village Panchayat), Block Development Office, Melur Panchayat Union, Madurai District.

3.The Firka Surveyor, Taluk Office, Melur Taluk, Madurai District.

4.Selvam 5.Panchu ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 not to disturb the petitioner's possession of the land and consequently direct the 1st and 3rd respondents to survey and demarcate the property comprised in Survey No.354/30, situated at Kallampatti Village, Melur Taluk, Madurai District, by considering the petitioner's representation dated 01.12.2023 For Petitioner : Mr.R.Murugan For R1 & R3 : Mr.N.Satheeshkumar Additional Government Pleader

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] This writ petition has been filed for the issuance of writ of mandamus directing the respondents 1 to 3 not to disturb the petitioner's possession of the land and consequently direct the 1st and 3rd respondents to survey and demarcate the property comprised in Survey No.354/30, situated at Kallampatti Village, Melur Taluk, Madurai District, by considering the petitioner's representation dated 01.12.2023.

2.Today, when the matter is taken up for hearing, the learned Additional Government Pleader appearing for the official respondents, based on the written instructions, submitted that considering the representation of the

petitioner dated 01.12.2023 to survey and demarcate the petition mentioned property, notice has been served to the parties concerned and the survey is scheduled to be conducted tomorrow (i.e., 05.03.2024). 3.In view of the above submission, this Court without expressing any opinion on the merits of the matter, directs the respondents to survey and demarcate the property in question and if it is found that there is an encroachment, appropriate action shall be initiated for removal of such encroachment by following due process of law. 4.This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. [D.K.K., J.] & [P.D.B., J.] 04.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ta

D.KRISHNAKUMAR, J.

AND P.DHANABAL, J.

ta To 1.The Tahsildar, Taluk Office, Melur Taluk, Madurai District.

2.The Firka Surveyor, Taluk Office, Melur Taluk, Madurai District.

W.P.(MD)No.2641 of 2024 04.03.2024