Madras High CourtWMP(MD)/17633/2024disposed of

Abdul Khayyum v. Hidyathunnisa

2024-09-04Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Wednesday, the Fourth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN WMP(MD). No.17633 of 2024 in WP(MD)No.11594 of 2024 Abdul Khayyum ... Petitioner Vs 1 Hidyathunnisa 2 The Tahsildar, Pattukkottai Taluk, Thanjavur District.

3 The Head Surveyor, 4 The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

... Respondents Prayer :- Writ Miscellaneous Petition filed to Recall the order made in W.P.(MD) No. 11594 of 2024 dated 04.06.2024.

Prayer in WP(MD). 11594/ 2024:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st and 2nd respondents to survey 1/3

the petitioners land in Survey No.237/1A respectively situated at Adirampattinam Village, Pattukottai Taluk, Thanjavur District and to fix its boundaries as per revenue records by obtaining adequate police protection from the 3rd respondent police within the period that may be stipulated by this Honble Court. ORDER:- This 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. M. Mahaboob Athiff, Advocate for the Petitioner and of Mr. G. Chezhiyan, Advocate for the 1st Respondent, Mr. R. Ragavendran, Government Advocate for the 2nd and 3rd respondents, and of Mr. B. Thanga Aravindh, Govt. Advocate for the 4th Respondents, this Court made the following order: The first respondent is not having individual patta in her name.

She is having only joint patta. The petitioner is a co-pattadar. The petitioner is not giving his consent for conducting survey. Therefore, survey cannot be conducted pursuant to the order dated 04.06.2024 made in W.P.(MD)No.11594 of 2024. 2.With this clarification, this miscellaneous petition is disposed of.

1. The Tahsildar, 2/3

2. The Head Surveyor,

3. The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai + 1.c.c. To M/s. M. Mahaboob Athiff, Sr.No.48705. + 1.C.C. To Govt. Pleader. SR.No.49285.

ORDER DATED : 04/09/2024 ==========================

ORDER

========================== WMP(MD). No.17633 of 2024 in WP(MD)No.11594 of 2024 Giving direction and etc.

as stated within.

MK/12.09.2024 3P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3