Madras High CourtWMP(MD)/15259/2024disposed of

Lakshmi. R v. Chellapandi

2024-11-07Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Seventh day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE G.R.SWAMINATHAN in WP(MD)No.9869 of 2024 R. Lakshmi, W/o.Late M.Palpandi, Vadakattupatti, Usilampatti Town, Madurai District ... Petitioner/3rd party Vs 1 Chellapandi S/o.Mayandi, Vadakattupatti, Usilampatti Town and Taluk Madurai District.

..Respondent No.1/Writ Petitioner 2 The District Collector, District Collector Office, Madurai-625020 3 The Tahsildar Usilampatty Town, Usilampatti, Madurai District 4 The Village Administrative Officer, Usilampatti Town and Taluk, Usilampatti, Madurai District ... Respondents No.2-4/Respondents 2-4 1/4

Prayer :- Writ Miscellaneous Petition filed under Article 226 of Constitution of India to to recall the order dated 29.04.2024 passed in WP(MD) 9869/2024. Prayer in WP(MD). 9869/ 2024 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 2nd respondent to take appropriate necessary action to measure, locate and identify the property to an extent of 2 acre and 16 cents comprised in Survey No.222/1A1, the present Town Survey Block No.35, TS No.4/2, TS.No.4/3 and TS.No.4/4 in Vadakattupatti Village, Usilampatti Taluk, Madurai District, by considering petitioner's representation dated 28.03.2024. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. K.K. Samy, Advocate for the Petitioner and of Mr. P. Paranthaman, Advocate for the 1st Respondent, and Mr. M.

Siddharthan, Additional Government Pleader for the 2nd to 4th respondent, this Court made the following order: "The first respondent herein, namely, Chellapandi filed W.P(MD) No.9869 of 2024 for conducting survey in respect of T.S.No.4/2, T.S.No.4/3 and T.S.No.4/4, in Vadakattupatti Village. The writ petitioner herein is having patta in respect of T.S.No.4/15 and T.S.No.4/16. Obviously, two town survey numbers are different.

2.I am therefore not inclined to recall the order earlier passed. I have made it 2/4

clear that the first respondent cannot put up any fencing and that there cannot be any dispossession. In this view of the matter, there is no need to recall the order earlier passed.

3.This Writ Miscellaneous Petition is disposed of accordingly." Sd/- Assistant Registrar (CS.I) // True Copy // /12/2024 Sub Assistant Registrar (CS-I/II/III/IV) MGA TO

1. The District Collector, District Collector Office, Madurai-625020

2. The Tahsildar Usilampatty Town, Usilampatti, Madurai District

3. The Village Administrative Officer, Usilampatti Town and Taluk, Usilampatti, Madurai District 3/4

Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai + 1.c.c. To M/s. P. Paranthaman, Advocate SR.No.63637. ORDER DATED : 07/11/2024 ==========================

ORDER

========================== in WP(MD)No.9869 of 2024 Giving direction and etc.

as stated within.

SL(03.12.2024)/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4