Madras High CourtWP(MD)/18912/2024dismissed

R.Viveka v. The Revenue Divisional Officer

2024-08-13Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD)No.18912 of 2024 and W.M.P(MD)No.16017 of 2024 R.Viveka .. Petitioner Vs.

1.The Revenue Divisional Officer, Madurai.

2.The Tahsildar, Madurai District, Madurai.

3.The Taluk Surveyor, Vadipatti, Madurai District.

4.The Village Administrative Officer, Kallanai Village, Alanganallur, Madurai District.

5.K.G.Pandian .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the respondents 1 to 4 from conducting survey and fixing of boundaries in respect of the lands in S.Nos.133/5A, 133/6A, 133/7, 100/1, 41/10A, 136/1B, 41/10A1, 41/10B, 35/20B, 136/1A, 160/1, 193/4B of Kallanai Village, Allanganallur, Madurai District till the disposal of the suit filed by the petitioner for partition in O.S.No.34 of 2024 on the file of the District Court, Madurai.

For Petitioner : Mr.K.Sivakumar For R1 - R4 : Mr.D.S.Neduncheziyan Government Pleader

ORDER

The present writ petition has been filed for a Mandamus forbearing the respondents 1 to 4 from conducting survey and fixing of boundaries in respect of the lands in S.Nos.133/5A, 133/6A, 133/7, 100/1, 41/10A, 136/1B, 41/10A1, 41/10B, 35/20B, 136/1A, 160/1, 193/4B of Kallanai Village, Allanganallur, Madurai District till the disposal of the suit filed by the petitioner for partition in O.S.No.34 of 2024 on the file of the District Court, Madurai.

2. In view of the fact that the survey has been conducted pursuant to the order of the learned Single Judge, which has been confirmed by the Hon'ble Division Bench of this Court in a judgment made in W.A(MD)Nos.697 and 698 of 2024, dated 10.04.2024, the petitioner cannot seek to have the survey stayed.

3. Therefore, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 13.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Revenue Divisional Officer, Madurai.

2.The Tahsildar, Madurai District, Madurai.

3.The Taluk Surveyor, Vadipatti, Madurai District.

4.The Village Administrative Officer, Kallanai Village, Alanganallur, Madurai District.

P.T.ASHA, J.

gbg 13.08.2024