Madras High CourtWMP(MD)/13065/2024disposed of

A.Raja v. Krishnamoorthy

2024-07-18Honourable Mr Justice G.R.Swaminathan4 pages

1 W.M.P.(MD)NO.13065 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.M.P.(MD)No.13065 of 2024 in W.P.(MD)No.10574 of 2024 A.Raja ... Petitioner / Aggrieved party Vs.

1. Krishnamoorthy ... 1st Respondent / Petitioner

2. The Tahsildar, Devakottai Taluk, Sivagangai District.

3. The Head Surveyor, Devakottai Taluk, Sivagangai District.

4. The Inspector of Police, Somanathapuram police station, Sivagangai District. ... Respondents 2 to 4/ Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to recall the order passed in W.P.(MD)No.10574 of 2024 dated 29.04.2024.

For Petitioner : Mr.P.T.Ramesh Raja For R-2 & R-3 : Mr.G.V.Vairam Santhosh, Additional Government Pleader.

For R-1 : Mr.G.Chezhiyan For R-4 : Mr.A.Albert James, Government Advocate.

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2 W.M.P.(MD)NO.13065 OF 2024

O R D E R

Thiru.Krishnamoorthy filed W.P.(MD)No.10574 of 2024 for conducting survey. The writ petition was disposed of by issuing usual directions. Seeking recall of the said order, the present petition has been filed.

2. The basic facts are not in dispute. One Alagan owned 31 cents of land. He had two sons namely Kulanthaiyan and Karuppiah. Kulanthaiyan had two sons namely, Krishnamoorthy and Balasubramaniyan. Both the sons got 73⁄4 cents of land each. Krishnamoorthy who is the petitioner herein had sold the property in favour of his sister Banumathy who subsequently settled the same in favour of his son Vinothkumar. The petitioner had purchased 151⁄2 cents from the petitioner's mother Annalakshmi. Annalakshmi purchased the same from Karuppiah who was one of the sons of Alagan. Unfortunately, patta standing in the name of Vinothkumar indicates an extent of 8 cents. This is clearly in excess of his actual entitlement. To this extent, patta of Vinothkumar has to be revised.

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3 W.M.P.(MD)NO.13065 OF 2024

3. The Tahsildar, Devakottai is directed to issue revised patta in favour of Vinothkumar by reducing the extent of 8 cents to 7 3⁄4 cents. Therefore, the Tahsildar shall conduct re-survey. The survey that was done pursuant to the order of this Court stands set aside. Vinothkumar has to submit a fresh survey application. The earlier survey report as well as the survey sketch are nullified. The petitioner is permitted to remove the boundary stones that were installed following the survey. This petition is disposed of accordingly.

18.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Tahsildar, Devakottai Taluk, Sivagangai District.

2. The Head Surveyor, Devakottai Taluk, Sivagangai District.

3. The Inspector of Police, Somanathapuram police station, Sivagangai District.

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4 W.M.P.(MD)NO.13065 OF 2024 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.13065 of 2024 18.07.2024 4/4