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Madras High CourtREV.APLW(MD)/174/2024dismissed

P.Chandramohan v. Maria Hyacinth Damian

2024-09-13Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2024

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN REV.APLW(MD)No.174 of 2024 in W.P(MD)No.5465 of 2024 and W.M.P(MD)Nos.18419 & 18420 of 2024 P.Chandramohan ... Petitioner v.

1.Maria Hyacinth Damian ... 1st Respondent / Petitioner 2.The Assistant Director of Survey & Land Records, Nagercoil, Kanniyakumari District.

3.The Tahsildar, Agastheeswaram Taluk, Kanniyakumari District.

4.The Head Surveyor, Agastheeswaram Taluk, Kanniyakumari District.

... Respondents 2-4 / Respondents 1-3 1/4

PRAYER: Review Application filed under Order XLVII read with Section 114 of Civil Procedure Code to review the order dated 07.03.2024 passed by this Court in W.P(MD)No.5465 of 2024 by allowing the review application.

For Petitioner : Mr.G.Anto Prince For Respondents : Mr.R.Ragavendran Government Advocate for R.2 to R.4

ORDER

Order dated 07.03.2024 made in W.P(MD)No.5465 of 2024 more than protects the rights of the petitioner herein. The petitioner claims to be in possession of the property. I do not want to give any finding on this aspect. But if the petitioner is in possession, he cannot be dispossessed by virtue of the order passed by this Court.

2.The petitioner states that he has been given notice and he had offered his objections. The authority concerned has to pass a speaking order and thereafter give breathing time to the petitioner before conducting survey. If the authority does not adhere to the direction given by this Court, the petitioner can very well apply for contempt before this Court. 2/4

3.I am satisfied that the directions given in the order dated 07.03.2024 more than protect the rights of the petitioner. Review is not warranted.

4.This Review Application stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

13.09.2024 Index :Yes/No Internet:Yes/No NCC :Yes/No MGA To 1.The Assistant Director of Survey & Land Records, Nagercoil, Kanniyakumari District.

2.The Tahsildar, Agastheeswaram Taluk, Kanniyakumari District.

3.The Head Surveyor, Agastheeswaram Taluk, Kanniyakumari District.

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G.R.SWAMINATHAN , J.

MGA REV.APLW(MD)No.174 of 2024 in W.P(MD)No.5465 of 2024 and W.M.P(MD)Nos.18419 & 18420 of 2024 13.09.2024 4/4