Madras High CourtWMP(MD)/2272/2025disposed of

Amirtha v. Kannan.R

2025-07-11Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Eleventh day of July Two Thousand and Twenty Five PRESENT THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN in WP(MD) No.28019 of 2023 Amirtha ... Petitioner / 4th Respondent Vs 1.R. Kannan .. 1st Respondent / Writ Petitioner 2.The Tahsildar, Thiruvaiyaru Taluk Office Kumbakonam Road, Thiruvaiyaru Taluk Thanjavur District.

3.The Taluk Head Surveyor Thiruvaiyaru Taluk Office Kumbakonam Road, Thiruvaiyaru Taluk Thanjavur District.

4.The Inspector of Police Thiruvaiyaru Police Station, Thiruvaiyaru Thanjavur District.

.. Respondents 2 to 4 / Respondents 1 to 3 1/5

Prayer in WMP(MD). No.2272 of 2025 :- This writ Miscellaneous Petition filed under Article 226 of Constitution of India, praying this Court to recall the order passed by this Honble Court in WP(MD) 28019/2023 dated 28.11.2023.

Prayer in WP(MD). 28019/ 2023 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to issue prior notice to the petitioner as well as the 4th Respondent before carrying out further appropriate re-survey, demarcate and fix the boundaries and put up a survey stones of the petitioners land comprised in Survey No.273/1, newly subdivided Survey no. 273/7, Patta No.647 to an extent of 0.15.00 hectares (0.29 cents) and Survey No. 442/1A, to an extent of 1 Acre 59 cents situated at Thirupalanam village, Thiruvaiyaru taluk, Thanjavur district. ORDER:- This writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.R.Sreenivasan, Advocate for the Petitioner and of Mr.A.Saravanan, advocate for first respondent, Mr.C.Venkatesh kumar, Special Government Pleader for Respondents 2 & 3 and Mr.T.Senthilkumar, Additional Public Prosecutor for fourth respondent, this Court made the following order: 2/5

"This WMP is disposed of with a direction to the official respondents to redo the survey exercise by scrupulously adhering to the directions given on 28.11.2023. This revised survey exercise need to be undertaken in respect of survey Nos.442/1A alone. " Sd/- Assistant Registrar ( C.S. I ) // True Copy // / /2025 Sub Assistant Registrar ( CS-I / II / III / IV ) TO 1.The Tahsildar, Thiruvaiyaru Taluk Office Kumbakonam Road, Thiruvaiyaru Taluk, Thanjavur District.

2.The Taluk Head Surveyor, Thiruvaiyaru Taluk Office Kumbakonam Road, Thiruvaiyaru Taluk, Thanjavur District.

3.The Inspector of Police, Thiruvaiyaru Police Station Thiruvaiyaru, Thanjavur District.

3/5

Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.

+1CC to M/s. A. SARAVANAN, ADVOCATE (SR-42561[F] dated 14/07/2025) +1CC to M/s.M.R. SREENIVASAN, ADVOCATE (SR-42943[F] dated 14/07/2025) +1CC to M/s. SPL. GP (SR-42666[F] dated 14/07/2025) 4/5

ORDER DATED : 11/07/2025 ==========================

ORDER

========================== in WP(MD) No.28019 of 2023 Giving direction and etc.

as stated within.

SB/28.07.2025 5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5