Thulasiammal. V v. The District Land Surveyor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.Thulasiammal.

... Petitioner Vs 1.The District Land Surveyor, Office of the District Land Surveyor, Tenkasi, Tenkasi District.

2.The Taluk Land Surveyor, Office of the Taluk Land Surveyor, Thiruvenkadam Taluk, Thiruvenkadam Tenkasi District.

3.Karuppayee 4.Radhakrishnan

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the second Respondent not to Survey the land in survey No.1086 15 A situated at West Alagunatchiyapuram Village and post, Kuruvikulam Via, Thiruvenkadam Taluk, Tenkasi District till the 1/5

disposal of the suit in O.S. No. 235 of 2021 District Munsif Court, Sankarankovil based on the representation dated 18.07.2023. For Petitioner : Mr.J.Vijayan For R1 & R2 : Mr.G.V.Vairam Santhosh Additional Government Pleader

O R D E R

The petitioner with an apprehension that the Surveyor is about to conduct a survey in the land in S.No.1086/15A, West Alagunatchiyapuram Village,Thiruvenkadam Taluk, Tenkasi District has filed this writ petition for a Mandamus, forbearing the second respondent not to survey the above land pending disposal of the suit in O.S.No.235 of 2021.

2.According to the learned counsel for the petitioner, there is a civil dispute between the petitioner and the respondents 3 & 4. However, the respondents by applying before the Survey Officer attempted to conduct a survey for creating a record for the land belongs to the petitioner. Hence, the petitioner has filed this writ petition.

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3.Mr.G.V.Vairam Santhosh, learned Aditional Government Pleader who takes notice for the respondents 1 & 2 submits that the respondents 3 & 4 have not applied for survey of the subject land and in the absence of any application, they are not conducting any survey. Hence, the petitioner's apprehension is unwarranted.

4.Recording the submission made by the learned Additional Government Pleader, this writ petition is dismissed. No costs.

09.08.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn 3/5

To 1.The District Land Surveyor, Office of the District Land Surveyor, Tenkasi, Tenkasi District.

2.The Taluk Land Surveyor, Office of the Taluk Land Surveyor, Thiruvenkadam Taluk, Thiruvenkadam Tenkasi District.

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B.PUGALENDHI, J.

vrn Order made in 09.08.2023 5/5