← Library
Madras High CourtWP(MD)/6384/2024disposed of

D.Velmurugan v. The District Collector

2024-03-18Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN D.Velmurugan ... Petitioner Vs.

1.The District Collector, Trichy District.

2.The Tahsildar, Thiruverumbur Taluk, Trichy District.

3.The Taluk Surveyor, Thiruverumbur Taluk, Trichy District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent not to conduct any survey in the absence of necessary orders passed by the Learned concerned civil court in Old S.No. 163/2, Asoor Village, Thiruverumbur Taluk, Trichy District measuring an extent of 37 acres by considering the petitioner's representation dated 29.02.2024. 1/4

For Petitioner : Mr.N.K.Ponraj For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

Heard both sides.

2.The petitioner apprehends that survey may be conducted at the instance of one Bhuvaneshwari in old Survey No.163/2 and that may prejudice the access rights and pathway rights of the devotees of the temple.

3.If any application is received from the said Bhuvaneshwari, the second respondent will issue notice to the petitioner and only after considering the petitioner's objection, survey will be conducted. If the petitioner's objections are over-ruled, the petitioner will be served with a copy of the order rejecting his objections. The petitioner will also be given breathing time of six weeks thereafter so that he can approach the jurisdictional Court.

2/4

4.With this liberty to the petitioner and direction to the second respondent, this writ petition is disposed of. I make it clear that I have not gone into the merits of the matter. There shall be no order as to costs.

18.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Trichy District.

2.The Tahsildar, Thiruverumbur Taluk, Trichy District.

3.The Taluk Surveyor, Thiruverumbur Taluk, Trichy District.

3/4

G.R.SWAMINATHAN, J.

MGA 18.03.2024 4/4