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Madras High CourtWP(MD)/15146/2023dismissed

Velan v. The District Collector

2024-12-11Honourable Mrs Justice N. Mala5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/12/2024

CORAM

THE HONOURABLE MRS. JUSTICE N.MALA Velan ... Petitioner Vs.

1. The District Collector, Trichy District.

2. The Revenue Divisional Offic, Er, Srirangam, Trichy District..

3. The Thasildhar, Marungapuri Taluk, Trichy District..

4. The Head Surveyor, Marungaburi, Trichy District..

5. The Inspector of Police, Puthunatham Police Station, Trichy District..

... 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 1 to 4 to consider the representation of the petitioner dated 22.05.2023 for survey the land and fix the boundaries in Survey No.83/2B in Patta No.289 in Kannuthu Village, Marungapuri Taluk, Trichy District.

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For Petitioner : Mr.S.Ramsundarvijayraj For Respondent : Mr.A.Kannan Additional Government Pleader

ORDER

This Writ Petition is filed for issuance of writ of mandamus, directing the respondents 1 to 4 to consider the representation of the petitioner dated 22.05.2023 for survey the land and to fix the boundaries in Survey No.83/2B in Patta No.289 in Kannuthu Village, Marungapuri Taluk, Trichy District.

2. The petitioner states that the petitioner owned patta lands in S.No.83/2B in Patta No.289 to an extent 4.89 cents. In order to fix the boundaries of his lands, the petitioner applied for survey and to fix the boundaries along with necessary on 22.05.2023. Since no action was taken on the petitioner's application, the petitioner filed the above writ petition for the aforesaid relief.

3.The learned Additional Government Pleader submitted that survey was conducted as early as on 22.09.2023 and the petitioner had also received survey report. The learned Additional Government Pleader 2/5

further submitted that the petitioner suppressed the said fact and approached this Court with unclean hands. The learned Additional Government Pleader therefore submits that the writ petition sans merits and the same deserves to be dismissed.

4. I have gone through the copy of the survey report dated 22.09.2023. It is seen that the petitioner has affixed his signature on the same. The petitioner in his affidavit suppressed the fact that survey has already been conducted.

5. I find that the petitioner has come to this Court with unclean hands and therefore, this writ petition cannot be entertained. Hence, the same is dismissed. No costs.

11.12.2024 Index : Yes / No NCC : Yes / No CM 3/5

TO,

1. The District Collector, Trichy District..

2. The Revenue Divisional Offic, Er, Srirangam, Trichy District..

3. The Thasildhar, Marungapuri Taluk, Trichy District..

4. The Head Surveyor, Marungaburi, Trichy District..

5. The Inspector of Police, Puthunatham Police Station, Trichy District..

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N.MALA,J CM

ORDER

IN WP(MD) No.15146 of 2023 Date : 11/12/2024 5/5