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Madras High CourtWP(MD)/20641/2023disposed of

Anantharaj v. The Tahsildar

2023-08-24Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Anantharaj ... Petitioner versus

1. The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

2. The Taluk Surveyor, Thiruvengadam Taluk, Tenkasi District.

3. The Sub Inspector of Police, Ayyapuram Police Station, Tenkasi District.

4. Seenithai ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents 1 and 2 to survey and demarcate the property in Survey No.45/2D situated in Mahendravadi Village, Melanelithanallur, 1/4

Tenkasi District measuring 1 acre 28.44 cents, with the aid of the 3rd respondent, within the time frame fixed by this Court. For Petitioner : Mr.J.Karthick For R1 and R2 : Mr.P.T.Thiraviam, Government Advocate For R3 : Mr.P.Kottaichamy, Government Advocate (Crl. side)

ORDER

The petitioner has submitted an application dated 27.04.2023 to the respondents 1 and 2, requesting them to survey his land in Survey No.45/2D situated at Mahandravadi Village, Melanelithanallur, Tenkasi District. Since the said application has not been considered, the present writ petition has been filed.

2. Mr.P.T.Thiraviam, learned Government Advocate, who takes notice for the respondents 1 and 2, on instructions, submits that based on the petitioner's application, the survey officials have visited the place, at that time, the 4th respondent has objected for the same and therefore, survey could not be conducted.

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3. If there is any objection from the adjacent land owners, the Survey Officer is expected to issue a notice to them and thereafter, he has to take a decision.

4. Accordingly, this writ petition is disposed of with a direction to the respondents 1 and 2 to issue a notice to the 4th respondent and other objectors, if any, as per Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 and thereafter, take a decision in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

24.08.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

ogy To

1. The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

2. The Taluk Surveyor, Thiruvengadam Taluk, Tenkasi District.

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