Madras High CourtWP(MD)/12035/2024disposed of

Jaishankar v. The District Revenue Officer

2024-06-10Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.10706 of 2024 Jaishankar ... Petitioner Vs.

1.The District Revenue Officer, Collectorate, Pudukkottai District.

2.The Commissioner Municipality, Aranthangi Municipality, Aranthangi Town & Taluk, Pudukkottai District.

3.Muthukumaran ... 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 3rd respondent to keep the abeyance of the survey proceedings in respect of town SF.No.58/1 with an extent of 0.120 Sq.ft situate at Block No.21, Ward-C, Aranthangi Town and Taluk, Pudukkottai District till the final disposal of the revision petition pending before the 1st respondent office in Revision No.1102902/2023/A3 dated on 05.07.2023 and directing the 1st respondent to expedite the enquiry and pass final order in the petitioner's Revision No.1102902/2023/A3. 1/4

For Petitioner : Mr.R.Paranjothi For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 : Mr.S.Kameswaran Government Advocate for R2 : Mr.Babu Rajendran for R3

ORDER

Heard both sides.

2. The third respondent herein had already filed a writ petition in W.P. (MD)No.7891 of 2024 and obtained an order for conducting survey. The apprehension of the petitioner is that while enforcing the said order, fence already put up by him may be removed. The petitioner further claims that he had filed an appeal before the DRO against the third respondent and that the proceedings are still pending. The rights of the parties will abide by the outcome of the pending proceedings. The object of conducting survey is only to earmark the four boundaries. Status quo on ground shall not be changed. In the sense, there will not be any dispossession. The petitioner states that he had already put up fence. If that be so, it shall not be removed. The survey exercise shall very well go on. I reiterate that the rights of the parties will abide by the outcome of the pending proceedings.

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3. The Writ Petition is disposed of accordingly. No costs. 10.06.2024 Index : Yes / No Internet : Yes/ No rmi To The District Revenue Officer, Collectorate, Pudukkottai District.

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G.R.SWAMINATHAN, J.

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