Madras High CourtWP(MD)/12936/2023disposed of

Suresh v. The Tahsildar

2023-06-05Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Suresh ... Petitioner Vs.

1.The Tahsildar, O/o. The Tahsildar, Manachanallur Taluk, Tiruchirapalli.

2.The Taluk Head Surveyor, O/o. The Taluk Head Surveyor, Manachanallur Taluk, Tiruchirappalli.

3.The Inspector of Police, Manachanallur, Tiruchirappalli.

4.Karthick 5.Kalai ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to conduct survey and fix four boundaries of the petitioner's land comprised in Survey Nos.89/141 to an extent of 12 1/2 cents in Patta No.2521 situated at 1/4

Kallapalayam Village, Manachanallur Taluk, Trichy District based on the representation given by the petitioner.

For Petitioners : Mr.S.Prabha For R1 and R3 : Mr.D.Farjana Ghoushia Special Government Pleader

ORDER

The learned counsel for the petitioner stated that the writ petition had been filed seeking a direction against the 1 and 2 respondents, Tahsildar and Taluk Head Surveyor, Manachanallur in Trichy District to conduct survey and fix four boundaries of the land in Survey Nos.89/141 to an extent of 12 1/2 cents in Patta No.2521 situated at Kallapalayam Village, Manachanallur Taluk, Trichy District. The petitioner had given a representation on 10.03.2023.

2. However, the learned Special Government states that with respect to the very same property a suit in O.S.No.109 of 2023 had been filed before the Principal District Munsif Court, Lalgudi, by one Nagajothi in which the petitioner is the first defendant. There are also two other defendants namely Kavitha and Rasathi @ Rajathiammal. The next hearing date of the suit is on 15.06.2023.

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3. In view of that particular fact, a mandamus cannot be issued by this Court as of now to the petitioner herein. This Writ Petition is dismissed. No costs.

05.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No pnn To 1.The Tahsildar, O/o. The Tahsildar, Manachanallur Taluk, Tiruchirapalli. 2.The Taluk Head Surveyor, O/o. The Taluk Head Surveyor, Manachanallur Taluk, Tiruchirappalli.

3.The Inspector of Police, Manachanallur, Tiruchirappalli. 3/4

C.V.KARTHIKEYAN, J.

pnn 05.06.2023 4/4