Madras High CourtWP(MD)/12966/2022disposed of

Mohanpriya v. The Tahsildar

2022-07-04Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12966 of 2022 Mohanapriya ... Petitioner Vs 1.The Tahsildar, Athur Taluk, Dindigul District.

2.The Field Surveyor, Athur Taluk, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to survey and demarcate the Petitioner's property comprised in survey No.553/1A1B to an extent of 0.47.50, Survey No.553/2A1 to an extent of 0.3.00, vide Patta No. 1759 at Munnilaikottai Village, Athur Taluk, Dindigul District, by considering the petitioner's application, dated 27.01.2022. For Petitioner : Mr.A.Chandra Kumar For Respondents : Mr.G.Sivaraja Government Advocate W.P.(MD)No.17615 of 2022:- Mery ... Petitioner 1/4

Vs.

1.The District Collector, Vellunachiyarvalagam, Dindigul District, Dindigul.

2.The District Revenue Officer, Vellunachiyarvalagam, Dindigul District, Dindigul.

... 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 2nd respondent to dispose the petitioner's representation dated 18.07.2022. For Petitioner : Mr.V.Karuna For Respondents : Mr.M.Sarangan, Addl. Government Pleader.

COMMON ORDER The order dated 04.07.2022 made in W.P.(MD)No.12966 of 2022 is recalled.

2.The prayer in W.P.(MD)No.12966 of 2022 is for conducting survey for the petition mentioned land. The petitioner in W.P.(MD)No.17615 of 2022 2/4

opposes the said prayer.

3.The Tahsildar, Athur Taluk is directed to issue notice to both the parties. If the Tahsildar finds substance in the objection raised by Mery, W/o.Kulanthairaj, then Mohanapriya will be relegated to move the jurisdictional civil Court. If the Tahsildar does not find merit in the objection, then order will be passed overruling her objection and order copy will be served on Mery. Survey will be conducted only after a period of six weeks. So that in the meanwhile, Mery will be able to move the jurisdictional Court or forum for getting restraint order. If no restraint order is obtained in the intervening period, survey will be conducted. It is open to the survey authority to seek the aid the local police also. The Thasildar will also issue notice to other interested persons, if any.

4.With this direction, these writ petitions are disposed of. No costs. 12.08.2022 Index : Yes / No Internet : Yes/ No ias G.R.SWAMINATHAN, J.

ias 3/4

To:- 1.The District Collector, Vellunachiyarvalagam, Dindigul District, Dindigul.

2.The District Revenue Officer, Vellunachiyarvalagam, Dindigul District, Dindigul.

3.The Tahsildar, Athur Taluk, Dindigul District.

4.The Field Surveyor, Athur Taluk, Dindigul District.

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