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Madras High CourtWMP(MD)/21317/2023allowed

Thiruthuvadass v. The District Collector

2023-10-13Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Writ Appellate Jurisdiction Friday, the Thirteenth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH WMP(MD). No.21317 of 2023 in WP(MD).No.22435 of 2021 Thiruthuvadass ... Petitioner/Petitioner Vs 1 The District Collector Trichy, Trichy District.

2 The Commissioner of Survey and Settlement Department, Trichy District.

3 The Revenue Divisional Officer O/o. Revenue Divisional Office Trichy District.

4 The Thasildar Manapparai Taluk Trichy District.

5 Sebastian ... Respondents/Respondents Prayer :- Writ Miscellanoeus petition filed under Article 226 of the Constitution of India to restore the writ petition in W.P.(MD) No.22435 of 2021.

Prayer in WP(MD).No.22435 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 to 4 to survey the property in S.No.872/2D measuring an extent of 2 acre 16 cents situated at Mohavanur South, Vaiyampatti Village, Manapparai Taluk, Trichy District and demarcatethe same by laying Survey Stones, by considering and passing appropriate orders on petitioner's representation, dated 02.09.2021within a time frame as fixed by this Court. ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. B.Arun, Advocate for the Petitioner and of Mr. B.Saravanan, Additional Government Pleader for the Respondents No.1 to 4, Mr.T. Madasamy, Advocate for the Respondent No.5, this Court made the following order:

This Petition has been filed seeking to restore W.P.(MD)No.22435 of 2021, which was dismissed for non-prosecution on 28.11.2022. 2.Heard Mr.B.Arun, learned Counsel for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader appearing on behalf of the respondents.

3.This Court is satisfied with the reasons stated in the affidavit filed in support of this petition. Hence, this petition is allowed and W.P.(MD)No.22435 of 2021 is restored to file.

Sd/- Assistant Registrar(CS III) // True Copy // /10/2023 Sub Assistant Registrar(CS) TO 1 The District Collector Trichy, Trichy District.

2 The Commissioner of Survey and Settlement Department, Trichy District.

3 The Revenue Divisional Officer O/o. Revenue Divisional Office Trichy District.

4 The Thasildar Manapparai Taluk Trichy District.

5. The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai

ORDER DATED : 13/10/2023 ========================== RESTORATION ORDER ========================== WMP(MD). No.21317 of 2023 in WP(MD).No.22435 of 2021 Giving direction and etc.

as stated within.

MGJ(17.10.2023) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023