S.Venkatesh, v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6916 of 2019 and W.M.P.(MD)No.5998 of 2019 S.Venkatesh ... Petitioner Vs 1.The Tahsildar, Eral, Thoothukudi District.

2.The Taluk Land Surveyor O/o. The Thasildar, Eral, Thoothukudi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to conduct survey of the Punja land property comprised in survey No.78B/1A2 admeasuring 0.92 Hectare situate at Keelapidagai Appan Koil Village, Eral Taluk, Thoothukudi District for fixing correct boundaries based on the petitioner's representation dated 14.02.2019.

For Petitioner : Mr.R.Krishnan For Respondents : Mr.M.Karuppasamy Government Advocate

ORDER

The writ petitioner wants the petition mentioned lands to be surveyed and the boundaries demarcated.

He has given representation dated 14.02.2019. It appears that the petitioner is having dispute with one Angammal and Chokkalingam. The petitioner succeeded against the said Angammal and Chokkalingam before the Revenue Divisional officer.

2.This Court wants to know as to whether the Angammal and Chokkalingam filed any revision before the District Revenue Officer or they have gone to the Civil Court. If any interim order is in favour of the said Angammal and Chokkalingam, the petitioner will have to be necessarily wait for the proceedings to be concluded. If Angammal and Chokkalingam has not obtained any interim or final order in their favour, the respondents cannot https://hcservices.ecourts.gov.in/hcservices/

defer the survey and demarcation any further. 3.Bearing in mind the observations made earlier, the respondents are directed to conduct survey of the petition mentioned land within a period of eight weeks from the date of receipt of a copy of this order. The respondents shall ofcourse issue notice to the said Angammal and Chokkalingam before carrying out the survey exercise.

4.Accordingly, this writ petition is allowed. No costs. In view of the order passed in this writ petition, no orders are necessary in W.M.P.(MD)No.5998 of 2019. Accordingly, it is closed.

Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) To 1.The Tahsildar, Eral, Thoothukudi District.

2.The Taluk Land Surveyor O/o. The Thasildar, Eral, Thoothukudi District.

+1 cc to Mr. R.Krishnan, Advocate SR.No.61915 +1 cc to The Special Government Pleader Sr.No.61815 pnn W.P.(MD)No.6916 of 2019 and W.M.P.(MD)No.5998 of 2019 22.04.2019 KM/(22.05.2019) 3P 5C https://hcservices.ecourts.gov.in/hcservices/