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Madras High CourtWP(MD)/12671/2018disposed of

S.Muthu Lakshmi, v. The Commissioner,

2024-01-29Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Muthu Lakshmi ... Petitioner Vs 1.The Commissioner, O/o. Municipality, Srivilliputtur, Virudhunagar District, Virudhunagar.

2.The Tahsildar, O/o. Sriviliputtur Taluk Office, Srivilliputtur, Virudhunagar District, Virudhunagar.

3.The Town Surveyor, O/o. Town Surveyor Municipality, Srivilliputtur, Virudhunagar District, Virudhunagar.

4.The Inspector of Police, Town Police Station, Srivilliputtur, Virudhunagar District, Virudhunagar.

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5. K.Rajendran

6. K.Madamuthu

7. K.Thangamariyappan

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent No.3 to survey the land of the petitioner in Survey No.2918/1C5 in an extent of 4.33 Cents in Mangaburam main road in Sriviliputtur Village in Sriviliputtur Taluk North, Virudhunagar District and fix the boundary stones with adequate police protection within the stipulated time prescribed by this Court. For Petitioner : Mr.S.Rajasekar For R1 : Mr.P.Srinivas For R2 & R3 : Mr.G.V.Vairam Santhosh Additional Government Pleader For R4 : Mr.M.Vaikkam Karunanidhi Government Advocate For R5 to R7 : Mr.P.Ganapathi Subramanian

O R D E R

Seeking Mandamus to conduct survey in the petitioner's land in Survey No.2918/1C5, Mangaburam Main Road, Sriviliputtur Village, Virudhunagar District, the petitioner has filed this writ petition in the year 2018.

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2.Today(29.01.2024), when this writ petition is taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 & 2 submits that on the objections of the respondents 5 to 7, they have not conducted the survey. 3.Recording the submission made by the learned Additional Government Pleader this writ petition is disposed of with a direction to the Survey Officer to conduct an enquiry under Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 after issuing notice to the adjacent land owners including the respondents 5 to 7 and thereafter conduct the survey within a period of four weeks from the date of receipt of a copy of this order. No costs. 29.01.2024 NCC:Yes/No Index:Yes/No Internet:Yes vrn 3/5

To 1.The Commissioner, O/o. Municipality, Srivilliputtur, Virudhunagar District, Virudhunagar.

2.The Tahsildar, O/o. Sriviliputtur Taluk Office, Srivilliputtur, Virudhunagar District, Virudhunagar.

3.The Town Surveyor, O/o. Town Surveyor Municipality, Srivilliputtur, Virudhunagar District, Virudhunagar.

4.The Inspector of Police, Town Police Station, Srivilliputtur, Virudhunagar District, Virudhunagar.

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B.PUGALENDHI, J.

vrn Order made in 29.01.2024 5/5