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Madras High CourtWA(MD)/476/2023dismissed

Balamurugan, v. P.Niraimathi

2023-04-17Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P(MD)No.4880 of 2023 Balamurugan ... Appellant/4th Respondent -vs1.P.Niraimathi ... Respondent/Petitioner 2.The Tahsildar, Office of the Tahsildar, Melur Taluk, Madurai District.

3.The Head Surveyor, Taluk Office, Melur Taluk, Madurai District.

4.The Village Administrative Officer, Ambalakaranpatti Village, Kottanathampatti Village(Via), Melur Taluk, Madurai District - 625 109.

5.Saranya 6.Vairamuthu ... Respondents 2 to 6/ Respondents 1 to 3 and 5 & 6 PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order made in W.P(MD)No.3795 of 2023 dated 01.03.2023.

For Appellant :

Mr.S.A.Ajmalkhan

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] Being aggrieved by the order of the Writ Court, dated 01.03.2023 made in W.P(MD)No.3795 of 2023, the appellant has filed this writ appeal.

2. We do not any reason to entertain the appeal. All that the Writ Court done is to direct the official respondents to conduct a survey and demarcate the property. The Writ Court had made it very clear that the survey will not result in dispossession of any person and no fencing shall be put up by any person using police force for conducting the survey operations and the questions of title have also been left open. Hence, we do not see any injury or prejudice that would occur to the appellant in view of the order of the Writ Court. Hence, the writ appeal fails and it is accordingly dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 17.04.2023 NCC :Yes/No Index :Yes/No PM

To:

1.The Tahsildar, Office of the Tahsildar, Melur Taluk, Madurai District.

2.The Head Surveyor, Taluk Office, Melur Taluk, Madurai District.

3.The Village Administrative Officer, Ambalakaranpatti Village, Kottanathampatti Village(Via), Melur Taluk, Madurai District - 625 109.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

pm 17.04.2023