Madras High CourtWP(MD)/14535/2023disposed of

Vasanthal v. The District Collector

2023-06-20Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.14535 of 2023 Vasanthal ... Petitioner Vs

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, Sivagangai Revenue District, Sivagangai.

3. The Tashildar, Ilayankudi Taluk, Ilayankudi, Sivagangai District.

4. The Additional Director Survey and Land Records, District Collectorate, Sivagangai 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 third respondent to consider the representation, dated 27.03.2023 and to direct the fourth respondent to survey the land in Survey No.810/4 in Salaikirammam Village, Ilayankudi Taluk, Sivagangai District.

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For Petitioner : Mr.S.Mahadevan For R1 to R4 : Mr.N.Muthu Vijayan Special Government Pleader

O R D E R

This Writ Petition has been filed in the nature of mandamus, seeking a direction against the third respondent/Tahsildar, Ilayankudi Taluk, Ilayankudi, Sivagangai District, to consider the representation, dated 27.03.2023 and to direct the fourth respondent to survey the land in Survey No.810/4 in Salaikirammam Village, Ilayankudi Taluk, Sivagangai District. 2.The petitioner had filed O.S.No.12 of 2017 against one Ramakrishnan Chettiar before the District Munsif cum Judicial Magistrate Court, Ilayangudi, to protect his possession. After trial, by Judgment, dated 11.09.2018 the suit was decreed. The possession of the petitioner was recognized and such possession should be protected by decree of Court. The defendant therein filed A.S.No.45 of 2019 before the Sub Court, Manamadurai. By Judgment, dated 04.01.2022, the said appeal suit was dismissed. The learned counsel for the petitioner stated that no second appeal 2/4

to the knowledge of the petitioner has been filed. 3.In view of these circumstances, a direction is given to the third and fourth respondents to examine the nature of decree passed in the aforementioned suit and appeal suit, issue notice to the petitioner and Ramakrishnan Chettiar, thereafter, if there is no material objection, proceed to survey the aforementioned land. The entire exercise should be completed within a period of eight weeks, from the date of receipt of a copy of this order. 4.With the above direction, this writ petition stands disposed of. No costs.

20.06.2023 NCS : Yes/No Index : Yes / No Internet: Yes/ No PNM To

1. The District Collector/ Inspector of Panchayat, Thoothukudi District, Thoothukudi.

2. The Block Development Officer, Santhankulam, Thoothukudi District.

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C.V.KARTHIKEYAN, J.

PNM ORDER IN W.P(MD).No.14535 of 2023 20.06.2023 4/4