Selvakumaran.S v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Selvakumaran ... Petitioner Vs.

1.The Tahsildar, Thirupparankundram Taluk, Thirupparankundram, Madurai District.

2.The Surveyor, Thirupparankundram Taluk, Thirupparankundram, Madurai District.

... 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 Respondents to survey, demarcate and determine the boundary of petitioner property to the extent of 701 1⁄4 Sq.ft., bearing Plot No.100, situated vide Joint Patta No.1979 in Survey No.40/67A, Old Survey No.40/1A1A1 at Anjaneyar Nagar, Thanakkankulam Village, Thirupparankundram Taluk, Madurai District within a specific period as fixed by this Court.

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For Petitioner : Mr.S.Balaji For Respondents : Mr.K.Balasubramani, Spl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner seeks survey and demarcation of the petition mentioned property.

3.When the matter was taken up for hearing, the learned Special Government Pleader submitted that there is a rival claim. According to the rival party, the property belongs to Vivekananda Madalayam. It is said to be subject matter of W.P.(MD)No.1910 of 2019. Since there is a rival claim and also a dispute, it is not open this Court to direct the authorities to conduct survey at this stage.

4.The writ petition is disposed of accordingly. No costs. 28.07.2022 Index : Yes / No Internet : Yes/ No ias 2/4

To:

1.The Tahsildar, Thirupparankundram Taluk, Thirupparankundram, Madurai District.

2.The Surveyor, Thirupparankundram Taluk, Thirupparankundram, Madurai District.

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G.R.SWAMINATHAN, J.

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