V.Mathiyalagan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.4609 and 4610 of 2024 V.Mathiyalagan ... Petitioner Vs.

1.The Revenue Divisional Officer, Aravakkurichi Taluk, Karur.

2.The Tahsildar, Aravakkuruchi Taluk, Karur District.

3.The Tahsildar, Pugalur Taluk, Karur District.

4.R.Thiruvengadam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent vide his proceedings OS.No. 24839/2023 dated 20.02.2024 and quash the same as illegal, and consequently forbearing the respondents from 1/4

dispossessing the petitioner from the properties in S.No. 282/3 to the extent of 2.10 Acres and SF.No. 283/B to the extent of 1.71 acres situated at Kuppam Village, Aravakurichi Taluk, Karur District.

For Petitioner : Ms.A.Zubaitha Banu, For Mr.T.A.Punithan.

For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 to R3.

Mr.AN.Ramanathan for R4.

ORDER

Heard both sides.

2.The writ petitioner challenges the impugned order whereby the third respondent has indicated his intention to conduct survey. The learned counsel for the petitioner points out that the petitioner has gone before the Revenue Divisional Officer and that disregarding the pendency of the appeal before the Revenue Divisional Officer, the third respondent is proposing to hold enquiry. I wanted to know from the learned counsel for the petitioner whether the petitioner obtained interim order from the Revenue Divisional Officer. The learned counsel for the petitioner would state that the appeal is still pending. 2/4

3.The third respondent is directed to defer conducting survey by four more weeks. If in the meanwhile, the petitioner obtains any order in his favour, the third respondent will act according to the same. If the petitioner is unable to obtain any interim order, the third respondent can go ahead with the survey exercise.

4.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 15.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Revenue Divisional Officer, Aravakkurichi Taluk, Karur.

2.The Tahsildar, Aravakkuruchi Taluk, Karur District.

3.The Tahsildar, Pugalur Taluk, Karur District.

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G.R.SWAMINATHAN, J.

ias 15.04.2024 4/4