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Madras High CourtWP(MD)/5062/2022closed

Sabar Nisha.A v. The Commissioner

2025-06-27Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 27.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR and W.M.P.(MD)No.4130 of 2022 A.Sabar Nisha ... Petitioner Vs

1. The Commissioner, Melur Municipality, Melur, Madurai District.

2. The Tahsildar, O/o. the Tahsildar Office, Melur, Madurai.

3. The Head Surveyor, O/o. the Tahsildar Office, Melur, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to forbear the Respondents from surveying and putting up the compound wall in the petitioners peaceful enjoyment of the house admeasuring to an extent of 2392 Square Feet (5.50 Cents) situated in Survey Nos.311/2A, 311/2B, and 311/2C and Town Survey Nos.1/5,6,7, Ward B, Muniyandikovil Street, Mugamathiyapuram, Sivagangai Road, Melur, Maduai District within the period that may be stipulated by this Court.

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For Petitioner : Mr.V.Karthik Raja for M/s.Ajmal Associates For Respondents : Mr.R.Pandiya Rajan for R1 Mrs.K.Malathi, Addl. Govt. Pleader for R2 & R3

O R D E R

This Writ Petition has been filed seeking issuance of Writ of Mandamus forbearing the respondents from surveying and putting up a compound wall in the subject property.

2. Heard the arguments of Mr.V.Karthik Raja, learned counsel for the petitioner, Mr.R.Pandiya Rajan, learned counsel for the first respondent and Mrs.K.Malathi, learned Additional Government Pleader, appearing for the respondents 2 and 3.

3. The learned counsel appearing for the petitioner would submit that subsequent to the filing of the Writ Petition, the first respondent encroached a portion of the subject property and put up a compound wall. Therefore, liberty may be given to the petitioner to workout her remedy against the construction put up by the first respondent. 2/4

4. In view of the same, without expressing any opinion on the merits of the matter, this Writ Petition is closed with liberty to the petitioner to work out her remedy in the manner known to law. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

27.06.2025 vsm Index: Yes/No Internet : Yes/No To

1. The Commissioner, Melur Municipality, Melur, Madurai District.

2. The Tahsildar, O/o. the Tahsildar Office, Melur, Madurai.

3. The Head Surveyor, O/o. the Tahsildar Office, Melur, Madurai.

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S.SOUNTHAR, J.

vsm W.P (MD) No.5062 of 2022 27.06.2025 4/4