Madras High CourtWP(MD)/6163/2019disposed of

Palanichamy, v. The Revenue Divsional Officer

2019-04-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6163 of 2019 Palanichamy ... Petitioner Vs 1.The Revenue Divisional Officer, Marungapuri Taluk, Trichy District.

2.The Thasildar, Marungapuri Taluk, Trichy District.

3.The Inspector of Survey, Marungapuri Taluk, Trichy District.

4.The State represented by The Inspector of Police, Thivarankuruchi Police Station, Trichy District.

5.Ponnan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent 1 to 3 to consider and pass appropriate orders on the representation dated 18.02.2019 of the petitioner for surveying, demarcating and for sub division of the land property in Survey No.48/3, situated at Paalarpatti, Akkiyampatti village, Marungapuri Taluk, Trichy District measuring an extent of 20 Cents with the help of the 4th respondent.

For Petitioner : Mr.N.R.Balaji For R1 to R4 : Mr.M.Rajarajan Government Advocate For R5 : Mr.P.Ganapathi Subramaniam

ORDER

Heard the learned counsel on either side.

2.The writ petitioner wants the petition mentioned lands to be surveyed. It appears that the fifth respondent has raised an objection. The fifth respondent filed a Civil Suit. The writ https://hcservices.ecourts.gov.in/hcservices/

petitioner filed a suit for injunction, while the fifth respondent filed a suit for declaration. While the writ petitioner's suit was decreed, the fifth respondent's suit was dismissed. The fifth respondent has filed a first appeal.

3.If the fifth respondent is unable to secure any interim order in his favour, within a period of two months from the date of receipt of a copy of this order, the second respondent herein will proceed to conduct the petition mentioned survey and conclude the same within a period of two months thereafter. 4.This writ petition is disposed of on these terms. No costs. Sd/- Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Revenue Divisional Officer, Marungapuri Taluk, Trichy District.

2.The Thasildar, Marungapuri Taluk, Trichy District.

3.The Inspector of Survey, Marungapuri Taluk, Trichy District.

4.The State represented by The Inspector of Police, Thivarankuruchi Police Station, Trichy District.

+1 CC to M/s.N.R.BALAJI, Advocate ( SR-63130[F] dated 26/04/2019 ) +1 CC to M/s.SPL GP ( SR-63390[F] dated 27/04/2019 ) W.P.(MD)No.6163 of 2019 26.04.2019 CS: 14/05/2019/2P/7C https://hcservices.ecourts.gov.in/hcservices/