Gandhimathi Jayakumari.M v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P(MD)Nos.8211 and 8212 of 2023 W.P(MD)No.9060 of 2023:

M.Gandhimathi Jayakumari ... Petitioner Vs.

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Tiruchirappalli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 3 and 4 to survey the petitioner's property in survey no.20/2 at 6th Cross Street, Shanmuga Nagar, Uyyakondan Thirumalai, Trichy pursuant to the representation of the petitioner, dated 13.03.2023 consequently directing the respondents to remove the board put up the 4th respondent.

W.P(MD)No.9061 of 2023:

Malliga ... Petitioner Vs.

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Tiruchirappalli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 3 to 5 to survey the petitioner's property in survey No.20/2 at 6th Cross Street, Shanmuga Nagar, Uyyakondan Thirumalai, Trichy pursuant to the representation of the petitioner, dated 13.03.2023 consequently directing the respondents to remove the board put up by the 4th respondent.

In both cases:

For Petitioner : Mr.Dinesh Hari Sudarsan For R1,2,3 & 5 : Mr.M.Lingadurai Special Government Pleader For R4 : Mr.K.R.Kishore Ram for M/s.R.B.Associates Advocate Commissioner : Mr.G.Sarath Kumar COMMON ORDER Heard the learned counsel for the petitioners, learned Special Government Pleader for the respondents 1 to 3 & 5, the learned counsel for the 4th respondent and the Advocate Commissioner.

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2. The writ petition was heard and this Court had already directed the Advocate Commissioner to inspect the property and file a report to find out the actual position available on ground. On perusal of the Commissioner report, it is seen that, the original is as reflected in Page No.5 of the Commissioner's report (Map 1). However, the learned Advocate Commissioner has found that, on site, it is in variance with the actual field map and the variance is shown separately in Map 2 at Page 6 of the report.

3. The learned Special Government Pleader, on instructions from the Deputy Tahsildar who is also present physically in Court today, submits that the authorities will restore the original position in terms of Map 1 Page 5 of the Advocate Commissioner's report.

4. The respondents shall fix boundary stones demarcating the petitioner's property in line with Map 1 Page 5. The said exercise shall be carried out within a period of four (4) weeks from the date of receipt of copy of this order. Additional remuneration of Rs.5,000/- each shall be paid by the petitioners to the Advocate Commissioner within a period of two (2) weeks from the date of receipt of copy of this order.

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5. With the above directions, both the writ petitions stand disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 28.03.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

Tiruchirappalli, Tiruchirappalli District.

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P.B.BALAJI , J.

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