Madras High CourtWP(MD)/6416/2019dismissed

Balasubramanian v. The Tahsildar,

2019-04-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6416 of 2019 Balasubramanian ... Petitioner Vs 1.The Thasildar, Peravurani Taluk, Thanjavur District.

2.The Taluk Surveyor, Peravurani Taluk, Thanjavur District.

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first and second respondents to survey the S.F.No.167/2019 to the extent 0.19.0 ares situated at Kalagam Village, Peravurani Taluk, Thanjavur District and direct the third respondent to give adequate police protection while surveying the land.

For Petitioner : Mr.A.Vadivel For Respondents : Mr.M.Karuppasamy Government Advocate

ORDER

Heard the learned counsel on either side.

2. The petitioner wants this Court to direct the respondent to survey the petition mentioned property.

3. When the matter was taken up for hearing, the learned Government Advocate on written instructions pointed out that the property in question stands in the joint names of as many as five persons. The respondents are ready to carry out the work of survey based on the joint request of all the pattathars. But in this case, the petitioner alone has made request.

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4. This Court is not in a position to grant the relief sought for. The writ petition is therefore dismissed. Ofcourse the petitioner is at liberty to renew his request for survey and demarcation after obtaining individual patta in his name. No costs. Sd/- Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Thasildar, Peravurani Taluk, Thanjavur District.

2.The Taluk Surveyor, Peravurani Taluk, Thanjavur District.

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

+1 CC to M/s.A.VADIVEL, Advocate ( SR-61676[F] dated 23/04/2019 ) +1 CC to M/s.SPL GP ( SR-61820[F] dated 23/04/2019 ) W.P.(MD)No.6416 of 2019 22.04.2019 CS: 16/05/2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/