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Madras High CourtWP(MD)/19053/2015dismissed

U.Shanmugam, S/O.Udaiyan v. The Revenue Divisional Officer

2023-07-21Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 U.Shanmugam ... Petitioner Vs.

1.The Revenue Divisional Officer, Paramakudi, 2.The Tahsildar, Mudukulathur, Ramnathapuram District.

3.The Land Surveyor, Mudukulathur Tahsildar Office, 4.Rajapandi 5.The Assistant Director, Tamilnadu Khadi Village Industries Board, Ramanathapuram District Office At Madurai 625 010.

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6.The Inspector of Police, Muthukulathur Police Station, Muthukulathur, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records from the file of 2nd respondent vide No.Na.Ka.D1/E1/166/14/2015 dated 30.09.2015 and quash the same as illegal.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mrs.K.Christy Theboral, Addl. Govt. Pleader for R1 to R3 & R6.

Mr.R.Shankar Ganesh for R4.

Mr.G.karnan for R5.

ORDER

Heard the learned counsel on either side.

2.The petitioner challenges the memorandum issued by the Tahsildar, Mudukulathur proposing to conduct survey. 2/6

3.The learned Additional Government Pleader submits that the petitioner's father / Udaiyan filed O.S.No.48 of 2014 on the file of the Sub Court, Paramakudi. It was later transferred to the Sub Court, Mudukulathur and renumbered as O.S.No.45 of 2017. After Udaiyan passed away, the writ petitioner came on record. On 25.06.2020, the suit was dismissed.

4.The impugned memorandum is a mere intimation calling upon the petitioner to appear at the site. The writ petitioner can place his objections before the second respondent and if any such objection is placed, the second respondent will consider the same before proceeding to measure and demarcate the petition mentioned property. I do not find any ground interfere. The writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 21.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:- 1.The Revenue Divisional Officer, Paramakudi, 2.The Tahsildar, Mudukulathur, Ramnathapuram District.

3.The Land Surveyor, Mudukulathur Tahsildar Office, 4.The Inspector of Police, Muthukulathur Police Station, Muthukulathur, 4/6

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G.R.SWAMINATHAN, J.

ias 21.07.2023 6/6