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Madras High CourtWA(MD)/1454/2024dismissed

Narayani Ganesh v. Dr.Jayalakshmi Shreedhar

2024-08-28Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD) No.11318 of 2024 Narayani Ganesh, D/o.Gemini Ganesh, Duly Represented by Her Power Agent, Maya Ganesh, D/o.Narayani Ganesh ... Appellant [cause title accepted vide order dated 05.04.2024, made in C.M.P.(MD)No.4958 of 2024] -vs1.Jayalakshmi Shreedhar, W/o.Shreedhar Rajan 2.Shreedhar Rajan, H/o.Jayalakshmi Shreedhar 3.The Commissioner, The Commissionerate of Survey and Settlement, No.1, Survey House, Kamarajar Salai, Chepauk, Chennai - 600 005.

4.The Assistant Director, The Office of Survey and Land Records, Collectorate Building, Dindigul - 624 004.

5.The Revenue Divisional Officer, RDO Office, Kodaikanal, Dindigul District - 624 101.

6.The Taluk Deputy Inspector of Survey, Kodaikanal Taluk, Dindigul District.

7.Kamala Selvaraj, W/o.Selvaraj 8.Revathi Swaminathan, W/o.Swaminathan ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 19.07.2023, passed in W.P.(MD)No.16242 of 2023 and consequently, allow the Writ Appeal as prayed for and direct the respondents herein to complete the survey of the entire properties owned by the appellant and respondents 1, 7 and 8. For Appellant :

Ms.Lakshmi Gopinathan for M/s.Polax Legal Solutions For R2 :

Mr.H.Lakshmi Shankar For R7 :

Mr.Surya Teja SS Nalla For R8 : Mr.I.Sri Hari Suriya

J U D G M E N T

[Judgment of the Court was made by R.SUBRAMANIAN, J.] The operative portion of the order of the learned Single Judge reads as follows:- ''5.In the event of any objections for surveying the land, the officer shall cause notice to the objectors and all interested parties and pass orders enabling the parties to file appeal under the Tamil Nadu Survey and Boundaries Act. The entire process shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Consequently connected miscellaneous petition is closed.''

2. Mr.H.Lakshmi Shankar, learned counsel appearing for the second respondent would submit that the order of the learned Single Judge has been implemented and the Tahsildar, Kodaikanal, has directed the parties to approach the appropriate authority namely, the Revenue Divisional Officer under the Tamil Nadu Survey and Boundaries Act.

3. In view of the same, this Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 28.08.2024 smn2 To:- 1.The Commissioner, The Commissionerate of Survey and Settlement, No.1, Survey House, Kamarajar Salai, Chepauk, Chennai - 600 005.

2.The Assistant Director, The Office of Survey and Land Records, Collectorate Building, Dindigul - 624 004.

3.The Revenue Divisional Officer, RDO Office, Kodaikanal, Dindigul District - 624 101.

4.The Taluk Deputy Inspector of Survey, Kodaikanal Taluk, Dindigul District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 and C.M.P.(MD) No.11318 of 2024 28.08.2024