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Madras High CourtWP(MD)/11276/2025disposed of

Sivapriya S v. The Tashildar

2025-04-22Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI S.Sivapriya ... Petitioner Vs.

1. The Tashildar, Taluk Office, Manmangalam Taluk, Karur District.

2. The Head Surveyor, Taluk Office, Pugalur Taluk, Karur District.

3. The Inspector of Police, Velayuthampalayam P.S, Karur District.

4. M. Subburaya Gounder

5. S. Boopathi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to survey the petitioner's properties comprised in Survey No.102/9, Punjai Thottakurichi Village, Punjai Thottakurichi Panchayat Union and Revenue Village, Pugalur Taluk, Karur District based on the petitioner's representation dated 28.03.2025 1/4

and directing the 3rd respondent to provide their protection on the time of survey.

For Petitioner :

Mr.R.Ramaguru For R1 & R2 :

Mr.M.Lingadurai, Special Government Pleader For R3 :

Mr.S.Prakash, Government Advocate(Crl.Side)

O R D E R

Heard the learned counsels for the parties.

2. It is seen that for the very same relief of survey, the petitioner has filed a suit in O.S.No.212 of 2022 before the District Munsif Court, Karur. The said suit is still pending. The learned counsel for the petitioner states that the petitioner undertakes to withdraw the said suit in the event of orders being passed in the present writ petition.

3. The petitioner admittedly has sought for survey to be conducted and has made an application on 21.03.2025, following it up with representation on 28.03.2025. In view of this conduct of the petitioner, he has abandoned the earlier request for survey which has been made by him and also sought to be 2/4

enforced in the civil suit in O.S.No.212 of 2022.

4. Considering the above representation of the learned counsel for the petitioner, this writ petition is disposed of, directing the respondents 1 and 2 to conduct survey, after giving notice to the petitioner as well as the respondents 4 and 5, if necessary, the 1st respondent shall take the assistance of the jurisdictional police officials attached to the 3rd respondent, and the petitioner's application, dated 21.03.2025 shall be disposed of, on merits and in accordance with law. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of copy of this order.

5. With the above directions, this Writ Petition stands disposed of. No costs.

22.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg 3/4

P.B.BALAJI , J.

gbg To:

1. The Tashildar, Taluk Office, Manmangalam Taluk, Karur District.

2. The Head Surveyor, Taluk Office, Pugalur Taluk, Karur District.

3. The Inspector of Police, Velayuthampalayam P.S, Karur District.

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