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Madras High CourtCMP(MD)/9181/2023ordered

S.P.Mayan v. M.Vijaya

2023-08-01Honourable Mr Justice S.S. Sundar,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the First day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice S.S.SUNDAR and The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY in WA(MD) SR No.50634 of 2023 S.P.MAYAN ... Petitioner / Petitioner / 3rd Party Vs 1 M.VIJAYA 2 THE DISTRICT COLLECTOR COLLECTORATE, 3 THE REVENUE DIVISIONAL OFFICER, O/O.REVENUE DIVISIONAL OFFICER, 4 THE TAHSILDAR TALUK OFFICE, 5 THE TALUK SURVEYOR PERIYAKULAM TALUK OFFICE, 1/4

... Respondents / Respondents Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant leave to file the present writ appeal against the order passed by the learned single Judge in W.P. (MD).No.13687 of 2023 dated 12-06-2023 on the file of this Honourable Court. Prayer in WA(MD) SR No.50634 of 2023:

To set aside the order dated 12.06.2023 in WP(MD) No.13687 of 2023 and dismiss the writ petition.

Prayer in WP(MD). 13687/ 2023 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Mandamus directing the respondents particularly the respondents 3 and 4 to survey and demarcate the landed property situate in Survey Nos. 1072/2, 1074/1, 1068/2, 1069/2, 1074/3, 1172/1B at Vadaveeranayakanpatti Village, Periyakulam Taluk, Theni District by considering the representation dated 13.5.2023 of the petitioner.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.JERIN MATHEW, Advocate for the petitioner, the court made the following order:- [Order of the Court was made by S.S.SUNDAR, J.] This civil miscellaneous petition is filed to grant leave to the petitioner to file an appeal challenging the order dated 12.06.2023, passed in W.P.(MD) No.13687 of 2023 by the learned Single Judge.

2. Heard Mr.M.Jerin Mathew, learned counsel appearing for the petitioner.

3. Learned counsel for the petitioner states that the petitioner is 2/4

interested in the matter as the impugned order passed by the learned Single Judge is likely to affect his rights.

4. This Court is convinced with the reasons assigned in the accompanying affidavit. Hence, this civil miscellaneous petition is allowed and leave is granted to the petitioner to challenge the order dated 12.06.2023 passed in W.P.(MD) No.13687 of 2023 by the learned Single Judge. sd/- 01/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

KRK To 1 THE DISTRICT COLLECTOR COLLECTORATE, 2 THE REVENUE DIVISIONAL OFFICER, O/O.REVENUE DIVISIONAL OFFICER, 3 THE TAHSILDAR TALUK OFFICE, 3/4

4 THE TALUK SURVEYOR PERIYAKULAM TALUK OFFICE,

ORDER

IN in WA(MD) SR No.50634 of 2023 Date :01/08/2023 ED/MMS/SAR- (10/08/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4