Vivek v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)No.16337 of 2024 Vivek ... Petitioner Vs.

1.The Tahsildar, Usilampatti Taluk, Madurai District.

2.The Municipal Sub Inspector (Surveys), Usilampatti, Madurai District.

3.P.Rathinamani 4.P.Murugesan 5.Veeramani 6.Jeyaveeranan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the

records pertaining to the notices, dated 26.07.2024 issued by the 1st respondent in F.L.Nos.000202, 205, 206, 207/24 and quash the same as illegal and further direct the 1st respondent to survey the entire land situated in Survey No.345/2 and 345/3 of Usilampatti Revenue Village and Taluk, identify and square the field, redraw the FMB by reconciling the extent mentioned in Sale Deed available in the name of petitioner's father and the partition deed of the respondents No.3 to 6 and One Umadevi, (D/o.Palsamy and W/o.Natarajan) within the time limit as fixed by this Court.

For Petitioner :

Mr.K.K.Samy For R1 & R2 :

Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner has filed the above writ petition challenging the notice, dated 26.07.2024 issued by the 1st respondent calling upon the parties to be present on 09.08.2024 in their property as the official respondents propose to survey the lands in question.

2. The addressees of this notice which includes the petitioner were asked to produce all their documents of title. The petitioner's grievance

in the above writ petition is to issue a direction to the respondents 1 and 2 to survey and demarcate the petitioner's property. The impugned notice also proposes to do the very same act and this Court is at loss to understand as to why the notice has been challenged.

3. It is also seen that this notice has been issued pursuant to orders of this Court in W.P.No.9002, 9027, 9032, 9321 & 9333 of 2023, dated 30.10.2023. Therefore, the petitioner cannot seek certiorarified mandamus to quash the notice, dated 26.07.2024 which is issued pursuant to order of this Court.

4. The writ petition stands disposed of with a direction to the 1st respondent to undertake the work of surveying and demarcating the properties of all the persons to whom the same has been addressed by considering their respective documents and thereafter, survey the extent comprised in Survey No.345/2B. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of copy of this order.

5. This Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

14.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Tahsildar, Usilampatti Taluk, Madurai District.

2.The Municipal Sub Inspector (Surveys), Usilampatti, Madurai District.

P.T.ASHA, J.

gbg 14.08.2024