Jeyarani v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.10720 of 2024 Jeyarani ... Petitioner Vs.

1.The Tahsildar, Tisayanvilai Taluk, Tirunelveli District.

2.The Taluk Head Surveyor, Tisayanvilai Taluk, Tirunelveli District.

3.Kodishvaran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned notice issued by the 1st respondent dated 22.05.2024 and quash the same as illegal.

For Petitioner : Mr.R.Balakrishnan For R1 & R2 : Mr.P.Thambidurai, Government Advocate For R3 : Mr.G.Sujeeth 1/4

ORDER

Heard both sides.

2.The petitioner challenges the survey notice issued by the 2nd respondent. The 3rd respondent has given survey application. It is seen that the 3rd respondent is having patta in his favour. It is true that the petitioner has filed O.S.No.110 of 2020 on the file of the District Munsif Court, Nanguneri. The petitioner is given five weeks time from today to obtain injunction. In the Interlocutory Application, the 3rd respondent herein shall be impleaded. After hearing both sides, the trial Court will dispose of the same on merits and in accordance with law. The petitioner is given only five weeks breathing time in this regard. If the petitioner fails to obtain any interim order, the respondents 1 and 2 can very well go ahead with the survey exercise. 3.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 01.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva 2/4

To 1.The Tahsildar, Tisayanvilai Taluk, Tirunelveli District.

2.The Taluk Head Surveyor, Tisayanvilai Taluk, Tirunelveli District.

3.The District Munsif Court, Nanguneri.

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G.R.SWAMINATHAN, J Yuva 01.08.2024 4/4