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Madras High CourtWP(MD)/11421/2022allowed

Manikandan.P v. The Tahsildar

2022-07-12Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Manikandan ... Petitioner Vs.

1.The Tahsildar, Thottiyam Taluk, Tiruchirappalli District.

2.The Head Surveyor, Thottiyam Taluk Office Campus, Namakkal Main Road, Balasamudram, Tiruchirappalli District.

3.The Surveyor, Thottiyam Taluk Office Campus, Namakkal Main Road, Balasamudram, Tiruchirappalli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to measure the four boundaries of the land in Patta No.300 in S.No.39/1 and 39/2 for an total extent of 5 acres, 70 cents situated at Chinnapallipalayam Village, Thottiyam Taluk, Tiruchirappalli District on the basis of the representation of the petitioner dated 22.04.2022.

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For Petitioner : Mr.V.Thirumal For Respondents : Mr.N.Ramesh Arumugam, Govt. Advocate

ORDER

Heard the learned counsel on either side.

2.The petitioner wants the petition mentioned land to be surveyed and the four boundaries fixed. Survey is to be held on 14.07.2022. The learned Government Advocate pointed out that while the patta in respect of the petition mentioned land stands in the name of the writ petitioner, access to the same is through somebody else land. The survey authority may show a copy of this order, if any access is prevented. It is made clear that the right to access the petitioner's land is not decided in this writ petition. What is decided in this writ petition is only the entitlement of the petitioner to have the land surveyed and four boundaries fixed. The rights of the third parties are not at all going to be affected. Therefore, the respondents are directed to conclude the exercise of survey and demarcation on the said date and also serve a copy of the same on the writ petitioner.

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3.The writ petition is allowed on these terms. No costs. 12.07.2022 Index : Yes / No Internet : Yes/ No ias To:

1.The Tahsildar, Thottiyam Taluk, Tiruchirappalli District.

2.The Head Surveyor, Thottiyam Taluk Office Campus, Namakkal Main Road, Balasamudram, Tiruchirappalli District.

3.The Surveyor, Thottiyam Taluk Office Campus, Namakkal Main Road, Balasamudram, Tiruchirappalli District.

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G.R.SWAMINATHAN, J.

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