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Madras High CourtWP(MD)/14720/2021dismissed

Mayakkal v. The Thasildhar

2024-11-26Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.11647 of 2021 Mayakkal ... Petitioner /Vs./

1. The Thasildhar Usilampatti Taluk,

2. The Surveyor Survey Department, Usilampatti Taluk,

3. The Inspector of Police, Chekkanurani Police Station, Madurai.

4. Boominathan

5. Murugesan

6. Ameer,

7. Podhumani

8. Rajeshkumar. T

9. Malathi. M

10. N.Tamilarasan .. Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 and 2 from measuring / surveying the property comprised in S.No.17/2 (17/2C) an 1/4

extent of 50 cents on the southern side of the total extent of 6 acres 44 cents, Pullaneri village, Chekkanoorani Taluk, Madurai District, on the basis of the application given by of respondents 4 to 10 with the support of the third respondent without taking note of the pendency of O.S.No. 175 of 2021 on the file of the Subordinate Court, Usilampatti. For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.D.Gandhiraj Special Government Pleader for R1&2 : Mrs.Aasha, Government Advocate (Crl.Side) for R3

ORDER

This Writ Petition has been filed forbearing the respondents 1 and 2 from measuring / surveying the property comprised in S.No.17/2 (17/2C) an extent of 50 cents on the southern side of the total extent of 6 acres 44 cents, Pullaneri Village, Chekkanoorani Taluk, Madurai District, on the basis of the application given by of respondents 4 to 10 with the support of the third respondent without taking note of the pendency of O.S.No.175 of 2021 on the file of the Subordinate Court, Usilampatti.

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2. Heard the learned counsel on either side.

3. The petitioner filed a suit for declaration in respect of the subject property comprised in S.No.17/2 (17/2C), situated at Pullaneri village, Chekkanoorani Taluk, Madurai District, in O.S.No.175 of 2021, on the file of the Subordinate Court, Usilampatti. Therefore, if the petitioner succeed in the suit, he can work out her remedy before the appropriate Forum. That apart, issuance of patta should be challenged before the Revenue Divisional Officer, under the Patta Passbook Act.

4. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 26.11.2024 Internet : Yes/No NCC : Yes / No Index : Yes/No LS TO:-

1. The Thasildhar Usilampatti Taluk, 3/4

G.K.ILANTHIRAIYAN , J.

LS

2. The Surveyor Survey Department, Usilampatti Taluk,

3. The Inspector of Police, Chekkanurani Police Station, Madurai.

4. The Subordinate Court, Usilampatti.

Order made in Dated:

26.11.2024 4/4