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Madras High CourtWP(MD)/16447/2023disposed of

Petchiammal v. The Tahsildar

2023-07-07Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Petchiammal ... Petitioner versus

1. The Tahsildar, Tiruchendur Taluk, Thoothukudi District.

2. The Head Surveyor, Tahsildar Office, Tiruchendur Taluk, Thoothukudi District.

3. The Inspector of Police, Tiruchendur Taluk Police Station, Tiruchendur, Thoothukudi District.

4. Gopal

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 1 to 2 to survey and fix the boundary stones of the petitioner's land in Survey Nos. 296, 310/1 situated at Mela Tiruchendur Village, Tiruchendur Taluk, Thoothukudi District with police protection at the time of survey the land by considering the petitioner's application dated 04.05.2023 & 1/4

23.05.2023 within a time frame stipulated by this Court. For Petitioner : Mr.S.Selvakumar For R1 to R3 : Mr.G.V.Vairam Santhosh, Additional Government Pleader

O R D E R

The petitioner has submitted an application dated 04.05.2023 before the first respondent for surveying her lands in Survey Nos.296, 310/1 at Mela Tiruchendur Village, Tiruchendur Taluk, Thoothukudi District. Since the said application has not been considered, she filed this writ petition for a Mandamus directing the first and second respondents to survey her lands.

2. Mr.G.V.Vairam Santhosh, learned Additional Government Pleader, who takes notice for the respondents 1 to 3, submits that there was a dispute between the petitioner and the fourth respondent and a suit in O.S.No.41 of 2009 filed by the petitioner was also pending before the learned District Munsif, Tiruchendur. Now, the said suit has been decreed in favour of the petitioner. Therefore, the respondents would complete the process of survey, within a period of eight weeks. 2/4

3. In view of the said submission, this writ petition is disposed of with a direction to the first and second respondents to complete the process of survey, after issuing notice to the fourth respondent as well as to other adjacent land owners, within a period of eight weeks from the date of receipt of a copy of this order. No costs. 07.07.2023 ogy NCC : Yes / No Index: Yes/No Internet: Yes/No To

1. The Tahsildar, Tiruchendur Taluk, Thoothukudi District.

2. The Head Surveyor, Tahsildar Office, Tiruchendur Taluk, Thoothukudi District.

3. The Inspector of Police, Tiruchendur Taluk Police Station, Tiruchendur, Thoothukudi District.

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B.PUGALENDHI, J.

ogy 07.07.2023 4/4