Madras High CourtWP(MD)/1392/2023disposed of

Pandian N v. The Tahsildar

2023-02-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN N.Pandian ... Petitioner Vs 1.The Tahsildar, Madurai South, Madurai.

2.The Taluk Surveyor, South Taluk, Madurai District.

3.The Village Administrative Officer, Viraganoor, Madurai South, Madurai District.

4.D.Rajarajan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 consider the petitioner application in Challan No.20221227020141 dated 27.12.2022 for surveying the property in Survey No.94/6 measuring an extent of 96 Cents covered in Patta No.1619, situated at Viraganoor Village, Madurai South Taluk, Madurai District by over ruling the objection made by the fourth respondent. 1/4

For Petitioner : Mr.S.Anwar Sameem for Mr.T.Antony Arul Raj For Respondents : Mrs.S.Jeya Priya Government Advocate for R.1 to R.3 Mr.T.K.Gopalan for R.4

ORDER

Heard the learned counsel on either side.

2.The petitioner has submitted an application for conducting survey of the petition mentioned properties. The fourth respondent has entered appearance through counsel in these proceedings and alleges that in the guise of survey, he is sought to be dispossessed.

3.The fourth respondent need not have any such apprehension. I make it clear that in this order, I am not giving any finding as to who is in possession. The first respondent shall conduct survey of the petition mentioned lands within a period of eight weeks from the date of receipt of a copy of this order. The result of the survey will only to install the survey stones. Even if police aid is taken there is no fencing will be put up by using police aid. No person should be dispossessed. The first respondent shall put on notice not only to the fourth respondent but also to the other interested persons. The survey shall be 2/4

conducted in the presence of all the concerned parties. At the end of the survey exercise the survey report shall be prepared and served to all the interested parties.

4.This writ petition is disposed of accordingly. There shall be no order as to costs.

22.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Tahsildar, Madurai South, Madurai.

2.The Taluk Surveyor, South Taluk, Madurai District.

3.The Village Administrative Officer, Viraganoor, Madurai South, Madurai District.

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G.R.SWAMINATHAN, J.

MGA 22.02.2023 4/4