Madras High CourtWP(MD)/4329/2015disposed of

K. Jothirani,W/O, M.Kumarasamy v. The Tahsildar

2023-02-20Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.02.2023

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU and M.P.(MD).No.1 of 2015 K.Jothirani ... Petitioner Vs.

1.The Tahsildar, Madurai North Taluk, Madurai District.

2.The Town Surveyor, Madurai North Taluk, Madurai District.

3.Mrs.M.B.Lalitha ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the respondents 1 and 2 from conducting a survey of any portion of the land bearing survey No. 27/2(Resurvey No.168/2A & 168/2B) measuring 4.31 Acres comprised in patta No.1389 and New Survey No.26/3A and 26/3C (Survey No.167/2) (UDR.No.167/3) comprised in patta No.415 measuring about 8.29 acres

situated in Sithur Village, Thiruppalai Group, Madurai North Taluk, Madurai District without issuing any notice and hearing the objection of the petitioner.

For Petitioner :Mr.G.Prabhu Rajadurai For Respondents :Mrs.D.Farjana Ghoushia Special Government Pleader for R1 & R2 :No appearance for R3

O R D E R

This writ petition has been filed seeking for a mandamus, forbearing the respondents 1 and 2 from conducting a survey of any portion of the land bearing survey No.27/2 (Resurvey No.168/2A & 168/2B) measuring 4.31 Acres comprised in patta No.1389 and New Survey No. 26/3A and 26/3C (Survey No.167/2) (UDR.No.167/3) comprised in patta No.415 measuring about 8.29 acres situated in Sithur Village, Thiruppalai Group, Madurai North Taluk, Madurai District without issuing any notice and hearing the objection of the petitioner.

2. Considering the limited relief sought for by the petitioner in this writ petition, there shall be a direction to the first and second respondents not to survey the lands belonging to the petitioner, comprised in Patta Nos.1389 and 415, situated in Sithur Village, Thiruppalai Group, Madurai North Taluk, Madurai District, without giving an opportunity of hearing to the petitioner.

3.With the aforesaid directions, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

20.02.2023 Index : Yes / No Speaking Order/Non Speaking Order sbn

To 1.The Tahsildar, Madurai North Taluk, Madurai District.

2.The Town Surveyor, Madurai North Taluk, Madurai District.

K.KUMARESH BABU, J.

sbn and M.P.(MD).No.1 of 2015 20.02.2023