Madras High CourtWP(MD)/9455/2019disposed of

Thangapandi, 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.9455 of 2019 Thangapandi ... Petitioner Vs 1.The Tahsildar, Periyur Taluk Office, Madurai District, Madurai.

2.The Taluk Surveyor, Periyur Taluk, Periyur Taluk Office, Madurai District, Madurai.

... 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 land in S.F.Nos.781/1A, 1B, 2B, 3B and 4B for a total extent of 0.22.00 Ares i.e., 67 Cents comprised in Patta 527 and 528 situated at Gopalapuram Village, Periyur Taluk, Madurai District on the basis of the petitioner's application dated 26.11.2018 within time frame fixed by this Court. For Petitioner : Mr.M.Palani For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

Heard the learned counsel on either side. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has given an application dated 26.11.2018 for surveying the petition mentioned properties. The petitioner submits that there is no rival claim.

3. The respondent is directed to complete the survey exercise within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not pronounced anything on the merits of the matter. The first respondent shall ofcourse issue notice to the adjacent land owners and carry out the https://hcservices.ecourts.gov.in/hcservices/

survey exercise as per law. If the survey authorities encounter any counter resistance or opposition and if there appears to be any basis in that opposition, the respondent shall relegate the writ petitioner to move Civil Court.

4. With these directions / observations, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Tahsildar, Periyur Taluk Office, Madurai District, Madurai.

2.The Taluk Surveyor, Periyur Taluk, Periyur Taluk Office, Madurai District, Madurai.

+1 CC to M/s.M.PALANI, Advocate ( SR-61434[F] dated 22/04/2019 ) +1 CC to M/s.SPL GP ( SR-62078[F] dated 24/04/2019 ) W.P.(MD)No.9455 of 2019 22.04.2019 https://hcservices.ecourts.gov.in/hcservices/