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Madras High CourtWP(MD)/20656/2023disposed of

C.V.Palanivel Rajan v. The Tahsildar

2023-09-22Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD). No.20656 of 2023 C.V. Palanivel Rajan ... Petitioner Vs.

1. The Tahsildar, Paramakudi, Ramanathapuram District.

2. The Zonal Deputy Surveyor, Paramakudi, Ramanathapuram District.

3. The Inspector of Police, Paramakudi Police Station, Ramanathapuram District.

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey the subject property in Survey No.173/4, Bogalur Village, Paramakudi Taluk, Ramanathapuram District and demarcate the boundaries and consequentially direct the third respondent to give 1/5

adequate police protection to the respondents 1 and 2 to carry out the survey work and to enable the petitioner to fence the subject property. For Petitioner : Mr.Barathan For Respondents : Mr. M. Sarangan Additional Government Pleader for R1 and R2 Mr. P. Kottai Chamy Government Advocate for R3

O R D E R

The petitioner, with a grievance that his application for conducting survey in Survey No.173/4, situated at Bogalur Village, Paramakudi Taluk, Ramanathapuram District, has not been considered, has filed the present Writ Petition.

2. The learned Additional Government Pleader appearing for the respondents 1 and 2 submits that on the northern side of the petitioner's land, a water channel is passing through and under the guise of conducting survey, the petitioner is attempting to fence and use the free flow of water.

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3. The learned counsel appearing for the petitioner, in reply, submits that the petitioner is ready to give an undertaking that he will not use the water channel, but will preserve the water body.

4. In view of the submissions made by both sides, this Writ Petition is disposed of, directing the second respondent to conduct survey and fix boundaries in the presence of the petitioner within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

22.09.2023 Index: Yes/No Internet: Yes/No ssb 3/5

To

1. The Tahsildar, Paramakudi, Ramanathapuram District.

2. The Zonal Deputy Surveyor, Paramakudi, Ramanathapuram District.

3. The Inspector of Police, Paramakudi Police Station, Ramanathapuram District.

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B.PUGALENDHI, J.

ssb 22.09.2023 5/5