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Madras High CourtWP(MD)/15561/2024closed

Ariraman R v. The Thasildar

2024-07-12Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Ariraman ... Petitioner Vs.

1.The Tahsildar, Sivagangai Taluk, Sivagangai, Sivagangai District.

2.The Taluk Surveyor, Sivagangai Taluk, Sivagangai, Sivagangai District.

3.The Sub Inspector of Police, Sivagangai Taluk Police Station, Sivagangai, Sivagangai District.

4.Muthupandi ... 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 respondent No.1 to 2 to conduct Survey and earmark the four boundaries and now the Patta stands in the petitioner's mother namely Parvathi, W/o.Ramakrishnan and mutation Patta in his name and provide adequate police protection at the time of Survey to his land comprised in Survey No.76/9B2A in Patta No.639 for an 1/4

extent of 0.15.5 Hectares Punja Land situated at Manickampatti village, Sivagangai Taluk, Sivagangai District based on the petitioner's representation dated 06.03.2024.

For Petitioner : Mr.B.Bhagawathi For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 & R2 : Mr.A.Albert James Government Advocate (Crl.side) for R3

ORDER

When the matter was taken up for hearing, the learned Special Government Pleader submitted that survey was conducted on 27.06.2024. My attention is also drawn to the statement signed by the petitioner himself. Copy of the survey report and survey sketch has been served on the learned counsel for the petitioner.

2. The petitioner's counsel submitted that survey was not properly conducted on account of the obstruction raised by the fourth respondent. If that be so, the only remedy open to the petitioner is to go before the jurisdictional civil Court. No further relief can be granted in the writ proceedings. 2/4

3. Recording the aforesaid observation, the writ petition is closed. No costs.

12.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The Tahsildar, Sivagangai Taluk, Sivagangai, Sivagangai District.

2.The Taluk Surveyor, Sivagangai Taluk, Sivagangai, Sivagangai District.

3.The Sub Inspector of Police, Sivagangai Taluk Police Station, Sivagangai, Sivagangai District.

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G.R.SWAMINATHAN, J.

rmi 12.07.2024 4/4