Mahalingam v. M.Aadimoolam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Ninth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN in WP(MD)NO.26868 of 2023 Mahalingam ... Petitioner/3rd Party Vs 1 M.Aadimoolam ... 1st Petitioner/ Petitioner 2 The District Collector Ramanathapuram District Ramanathapuram.
3 The Revenue Divisional Officer, O/o. Revenue Divisional Officer Ramanathapuram Ramanathapuram District 4 The Tahsildar O/o. the Thiruvadanai Taluk Office Thiruvadanai Ramanathapuram District 5 The Firka Surveyor O/o. the Thiruvadanai Taluk Office Thiruvadanai Ramanathapuram District.
.. Respondents 2 to 5/Respondents 1 to 4.
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Prayer in WMP(MD). 18002/ 2024 :
This Writ Miscellaneous Petition filed under article 226 of the Constitution of India praying to recall the order dated 09.11.2023 made in W.P.(MD).No.26868/2023 and pass such other or further orders as this Honourable Court may deem fit and proper in the circumstance of the case and thus render justice. Prayer in WP(MD)NO.26868 of 2023:- Writ Petition is filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the respondent no. 3 and 4 to survey and marked four boundaries to the petitioners property situated in Old Survey no. 303/3 part, New Survey no.465/13 in Thiruvadanai Village, Ramanathapuram District with extent about 00301 square meter by considering the petitioners application dated 25.06.
2019 within a time period stipulated by this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. 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 M/s. PT.S. Narendravasan, Advocate for the Petitioner and of Mr. R.
"This miscellaneous petition has been filed to recall the order made in W.P. (MD)No.26868 of 2023.
2. The petitioner is said to have given objections before the Tahsildar, Thiruvadanai Taluk. Till date, no order has been passed either accepting or overruling the objections. If the petitioner's objections are to be overruled, a 2/4
speaking order has to be passed to that effect and also served on the petitioner. The petitioner has to be given breathing time to move the appropriate court thereafter. If within six weeks thereafter, the petitioner is unable to obtain any interim order in his favour, survey can be conducted. Even if survey is conducted, only survey stones can be installed and no fencing can be put up without getting order from the civil Court. Nobody can be dispossessed. Thus, the directions given by this Court fully take care of the petitioner herein. The authorities are directed to adhere to the directions given by this Court.
3. With this direction and observation, W.M.P.(MD)No.18002 of 2024 is closed."
Sd/- Assistant Registrar( Writs) // True Copy // /09/2024 Sub Assistant Registrar ( CS-I / II / III / IV ) TO
1. The District Collector Ramanathapuram District Ramanathapuram.
2. The Revenue Divisional Officer, O/o. Revenue Divisional Officer Ramanathapuram Ramanathapuram District 3/4
3. The Tahsildar O/o. the Thiruvadanai Taluk Office Thiruvadanai Ramanathapuram District
4. The Firka Surveyor O/o. the Thiruvadanai Taluk Office Thiruvadanai Ramanathapuram District Copy to:
1. The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai 2.
The Section Officer, Contempt Section, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.PT.S.Narendravasan , Advocate ( SR-52369[F] dated 19/09/2024) +1 CC to M/s.SPL.GP ( SR-52709 [F] dated 20/09/2024) ORDER DATED : 09/09/2024 ==========================
ORDER
========================== in WP(MD)NO.26868 of 2023 SI -(24.09.2024) 4P/ 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4