Madras High CourtWP(MD)/1570/2023disposed of

Nagalingam M v. The District Collector

2023-01-27Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.1570 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1570 of 2023 and W.M.P.(MD)Nos.1435 & 1436 of 2023 M.Nagalingam ... Petitioner Vs.

1. The District Collector, Ramanathapuram District.

2. The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

3. The Taluk Surveyor, Taluk Office, Thiruvadanai, Ramanathapuram District.

4. S.Kasthuri ... 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 respondents herein from surveying the property of the petitioner under S.No.205/1, Thiruvadanai Group, Thiruvadanai Taluk, Ramanathapuram District, at the instance of the 4th respondent herein and further direct the respondents 1 to 3 not to interfere in the civil dispute between the petitioner and the 4th respondent.

For Petitioner : Mr.K.R.Laxman For R-1 to R-3 : Mrs.S.Jeyapriya, Government Advocate.

For R-4 : Mr.G.Ram Prabhu 1/4

2 W.P.(MD)NO.1570 OF 2023

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for respondents 1 to 3.

2. Considering the nature of relief to be granted, issuance of notice to the fourth respondent is dispensed with.

3. The fourth respondent filed W.P.(MD)No.555 of 2023 before this Court. Vide order dated 10.01.2023 the aforesaid writ petition was disposed of and the usual directions were given. The grievance of the petitioner is that without putting him notice, survey is proposed to be conducted.

4. I make it clear that before conducting survey, the survey authority should give notice to the petitioner herein and only after disposal of the same in the manner indicated in the order dated 10.01.2023 in W.P.(MD)No.555 of 2023, the survey exercise can take place. This writ petition stands disposed of.

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5. The learned Government Advocate is directed to communicate a copy of this order. The second respondent need not wait for the certified copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 27.01.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, Ramanathapuram District.

2. The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

3. The Taluk Surveyor, Taluk Office, Thiruvadanai, Ramanathapuram District.

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4 W.P.(MD)NO.1570 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.1570 of 2023 27.01.2023 4/4