Madras High CourtWP(MD)/24043/2018disposed of

Palaniyandavar, v. The Revenue Divisional Officer

2024-03-26Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No .24043 of 2018 Palaniyandavar ... Petitioner Vs 1.The Revenue Divisional Officer, Periyakulam, Theni District.

2.The Tahsildar, Aundipatty Taluk, Aundipatty, Theni District.

3.The Inspector of Police, Aundipatty Police Station, Aundipatty Taluk, Theni District.

4.Lakshmi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to survey and measure the property in Survey No.270/4 of Kovilpatty Village, Aundipatty Taluk, Theni District as 1/5

per the document of the petitioners mother Karuppayee Ammal dated 07.09.1974, registered as Document No.2114 of 1974 at the Sub Registrar's Office, Aundipatty, if necessary under the protection of 3rd respondent and submit a report to the parties concerned within a time frame.

For Petitioner : Mr.D.Malaichamy For R1 & R2 : Mr.R.Suresh Kumar Additional Government Pleader For R3 : Mr.M.Vaikkam Karunanithi Government Advocate

O R D E R

Seeking mandamus to conduct survey in No.270/4 of Kovilpatty Village, Aundipatty Taluk, Theni District, the petitioner has submitted an application and filed this writ petition in the year 2018.

2.Today (26.03.2024), when this writ petition is taken up for hearing, neither the learned counsel for the petitioner nor the learned Additional Government Pleader are having papers. 2/5

3.Considering the limited relief sought for by the petitioner, this writ petition is disposed of with a direction to the petitioner to file a fresh application along with the required fee for survey within a period of two weeks from the date of receipt of a copy of this order. On such filing of application by the petitioner, the respondent shall conduct an enquiry under Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 and thereafter shall conduct survey within a period of twelve weeks from thereon. No costs. 26.03.2024 NCC: Yes/No Index:Yes Internet:Yes vrn 3/5

To 1.The Revenue Divisional Officer, Periyakulam, Theni District.

2.The Tahsildar, Aundipatty Taluk, Aundipatty, Theni District.

3.The Inspector of Police, Aundipatty Police Station, Aundipatty Taluk, Theni District.

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B.PUGALENDHI, J.

vrn Order made in 26.03.2024 5/5