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Madras High CourtWP(MD)/13462/2020dismissed

T. Ganesh v. The Tahsildhar

2020-10-05Honourable Mr Justice S. Vaidyanathan2 pages

W.P(MD)No.13462 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P(MD)No.13462 of 2020 T. Ganesh ... Petitioner Vs.

1.The Thasildar, Dindigul West Taluk Office, Dindigul District.

2.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

3.The Surveyor, Dindigul West Taluk Office, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to survey the land in S.No.753/1B in G.L. Nagar Seelapadi Village, Dindigul Taluk, Dindigul District and to demarcate its boundaries as per the revenue records by considering the petitioner's representation dated 19.08.2020 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.S. Jeyakarthik For respondents : Mr. M. Pandiyaraj Additional Government Pleader

ORDER

The petitioner has come forward with this Writ Petition seeking a direction to the respondents to survey the land in S.No.753/1B, situated at G.L. Nagar, Seelapadi Village, Dindigul Taluk, Dindigul District and to demarcate its boundaries as per the revenue records, by considering his representation, dated 19.08.2020.

2. Mr. M. Pandiyarajan, learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. It is represented by the respondents that in respect https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.13462 of 2020 of the above said land, a civil suit in O.S.No.154 of 2020 has been filed by one Thangapandian and two others and the petitioner herein is the defendant in the said suit. It is further represented that the said suit is pending before the learned Principal District Munsif, Dindigul and the same is adjourned to 19.11.2020 for next hearing.

4. This Court is not inclined to grant the relief sought for by the petitioner. It is open to him to make necessary application before the lower Court seeking for survey the land or such other steps, which may be considered by the Civil Court having jurisdiction to appoint an Advocate Commissioner to survey the land in question and to take photograph and videograph the place concerned in order to give quietus to the issue. However, this Court makes it clear that this Court has not decided any issue on merits with regard to subject matter in the Writ Petition and also subject matter in O.S.No.154 of 2020 which is pending before the lower Court.

5. Accordingly, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) trp To 1.The Principal District Munsif Dindigul.

2.The Thasildar, Dindigul West Taluk Office,Dindigul District. 3.The Inspector of Police, Dindigul Taluk Police Station,Dindigul District. 4.The Surveyor, Dindigul West Taluk Office,Dindigul District. +1 CC to M/s.GP ( SR-19178[F] dated 06/10/2020 ) +1 CC to M/s.M.S. JEYAKARTHIK, Advocate ( SR-19236[F] dated 07/10/2020 ) W.P(MD)No.13462 of 2020 05.10.2020 SS(CO) TR(16.10.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2