Lakshmiyammal v. The Tahsildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Lakshmiyammal ... Petitioner Vs.

1.The Tahsildhar, Peraiyur, Madurai.

2.The Head Surveyor, Peraiyur, Madurai.

3.Sakthivel ... 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 survey the land of the petitioner which is situated in Survey No.16/6 Jari Usilampatti, Usilampatti, Madurai with an extent of 14 cents for the purpose of demarcating the property based on his application dated 11.05.2022 within a time stipulated by this Court.

For Petitioner : Mr.K.P.Sankarakumarakuruparan For R1 & R2 : Mr.M.Prakash Additional Government Pleader For R3 : Mr.M.Thirunavukkarasu 1/4

ORDER

Heard the learned counsel on either side.

2. The petitioner and the third respondent are adjacent land owners. The petitioner wants survey to be done based on her patta.

3. It is strongly opposed by the third respondent. The learned counsel appearing for the third respondent points out that the sale deed standing in the name of the petitioner indicates that he is having title over 7 cents of land and that he had erroneously managed to obtain 14 cents of land. He would further add that survey was already done based on the request of the third respondent. The copy of the survey notice dated 01.03.2022 and survey certificate dated 09.06.2022 has been enclosed in the typed set of papers. It is seen from the materials on record that there is a serious civil dispute between the parties. This can be resolved only by the jurisdictional civil court and not by the respondent authorities.

3. Leaving open the rights of both the parties, the Writ Petition is disposed of. No costs.

28.07.2022 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The Tahsildhar, Peraiyur, Madurai.

2.The Head Surveyor, Peraiyur, Madurai.

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G.R.SWAMINATHAN, J.

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