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Madras High CourtWP(MD)/3000/2018dismissed

P.Sathiamoorthy v. The Thasildar

2020-09-10Honourable Mr Justice D. Krishnakumar2 pages

W.P(MD)No.3000 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.3000 of 2018 P.Sathiyamoorthy ... Petitioner Vs.

1.The Thasildar, Thiruparankuntram, Madurai.

2.The Town Surveyor, Madurai Corporation, Madurai.

3.The Head Surveyor, Survey Department, Taluk Office, Tiruparankuntram.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the first respondent to survey the land jointly by the respondents 2 and 3 under the supervision of the first respondent in Madakulam Village, Madurai Corporation Limit, Ward No.21, Block II Town Survey No.23 based on field map for Old Survey Nos.431 and 432 of Madakulam Village an plan of Court Commissioner in I.A.No.549 of 1974 in O.S.No.3 of 1960 on the file of the II Additional Sub Court, Madurai, based on the petitioner's representation dated 11.01.2018 according to law.

For Petitioners : Mr.S.Muthalraj For Respondents : Mr.P.Kannidevan Additional Government Pleader

ORDER

The petitioners have filed the present Writ Petition to issue a Writ of Mandamus, directing the first respondent to survey the land jointly by the respondents 2 and 3 under the supervision of the first respondent in Madakulam Village, Madurai Corporation Limit, Ward No.21, Block II Town Survey No.23 based on field map for Old Survey Nos.431 and 432 of Madakulam Village an plan of Court Commissioner in I.A.No.549 of 1974 in O.S.No.3 of 1960 on the file of the II Additional Sub Court, Madurai, based on the petitioner's representation dated 11.01.2018 according to law. 2.When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the respondents has produced a copy of the proceedings issued by the Tahsildar in Na.Ka.No.406/18/S, dated 08.09.2020 and submitted that the relief sought for by the petitioner was complied with by the respondents, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.3000 of 2018 by surveying and fixing the four boundaries of the petition mentioned properties.

3.At this juncture, the learned counsel appearing for the petitioner submitted that the respondents 2 and 3 have not conducted the survey jointly.

4.In view of the submission made by the learned Additional Government Pleader that the petitioner's representation was considered by the authorities, this Writ Petition is dismissed. However, if the petitioner is aggrieved by the order, dated 08.09.2020, it is open to him to work out his remedy in the manner known to law. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) ps Note:- In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To 1.The Thasildar, Thiruparankuntram, Madurai.

2.The Town Surveyor, Madurai Corporation, Madurai.

3.The Head Surveyor, Survey Department, Taluk Office, Tiruparankuntram.

Order made in W.P.(MD)No.3000 of 2018 Dated:

10.09.2020 AP(17/09/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2