M. Aruljothi v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI M.Aruljothi .... Petitioner /Vs/
1. The Tahsildar Taluk Office, Thuraiyur Taluk, Trichy District.
2. The Firka Surveyor Department of Land Survey, Thuraiyur Taluk, Trichy District.
3. Sivakamu Ammal
4. Visalatchi .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to measure the land without disturbing petitioner Possession and dispossess the petitioner in the guise of measuring the land situated in S.No.86 measuring 3 Acres out of 10.84 Acres in Top Senkattupatti, Thenparanadu Village, Thuraiyur Taluk, Trichy District in Pursuant to the order in W.P.(MD)No.462 of 2025.
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For Petitioner : Mr.N.Mohan For R1 & R2 : Mr.M.Lingadurai Special Government Pleader
ORDER
The petitioner claim to be a purchaser of the lands in respect of which, survey has been directed by an order passed by me on 11.03.2025 in W.P(MD)No.6430 of 2025 at the instance of one Sivakamu Ammal.
2. Mr.N.Mohan, learned counsel appearing for the petitioner fairly submits that since the petitioner herein was not made a party, he has an objections with regard to the survey, however, would state that since survey has already been directed, under the guise of survey, there shall be no dispossession of the party.
3. In view of the above, the writ petition is disposed of directing the respondents 1 & 2 to consider the objections of the petitioner at the time of survey being conducted pursuant to the order passed by me in W.P(MD)No.6430 of 2025, dated 11.03.2025 and any survey that is conducted in pursuance of the said order, shall be limited to the 2/4
measurements and determination of four boundaries. There shall be no dispossession of any of the party, who is found to be in physical possession.
4. With the above direction, the writ petition is disposed of. No costs.
Index : Yes / No NCC : Yes / No 29.04.2025 am To
1. The Tahsildar Taluk Office, Thuraiyur Taluk, Trichy District.
2. The Firka Surveyor Department of Land Survey, Thuraiyur Taluk, Trichy District.
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P.B. BALAJI , J.
am Order made in Dated:
29.04.2025 4/4