Madras High CourtWP(MD)/17979/2023disposed of

Velusamy v. The Thasildar

2023-07-26Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.17979 of 2023 and WMP(MD) No.15014 of 2023 Velusamy ... Petitioner Vs 1.The Thasildar, Manaparai, Trichy District.

2.The Surveyor, Manaparai, Trichy District.

3. Anandan

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order M. No.503/22 dated 10.02.2023 passed by the first respondent and quash the same as illegal and further direct the second respondent to survey the subject property in Sy. No.212/2 and sub divide it based on the petitioner's representation.

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For Petitioner :Mr.N.Kamesh For Respondents :Mrs.D.Farjana Ghoushia Special Government Pleader

O R D E R

The petitioner has applied for survey of his land. However, based on the objections raised by one Anandan, the survey Officer has rejected the petitioner's application. Aggrieved over the same, the petitioner has filed this writ petition. 2.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the respondents submits that as against the order of the Survey Officer, the petitioner is having an appeal remedy under Section 11 of the Tamil Nadu Survey and Boundaries Act, 1923 before the District Surveyor. However, without invoking the appeal remedy, the petitioner has straightaway approached this Court.

3.Considering the submission made by the learned Special Government Pleader, this writ petition is disposed of with a 2/4

liberty to the petitioner to approach the District Surveyor and file an appeal within a period of three weeks from the date of receipt of a copy of this order and on such filing of an appeal, the same shall be considered and disposed of by the District Surveyor concerned as expeditiously as possible. No costs. Consequently, connected Miscellaneous Petition is closed.

26.07.2023 NCC : Yes / No.

Index : Yes / No.

Internet: Yes vrn To 1.The Thasildar, Manaparai, Trichy District.

2.The Surveyor, Manaparai, Trichy District.

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B.PUGALENDHI, J.

vrn Order made in W.P(MD)No.17979 of 2023 and WMP(MD) No.15014 of 2023 26.07.2022 4/4