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Madras High CourtWP(MD)/20687/2023disposed of accordingly

Chinnaiah v. The Thasildar

2023-08-25Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Chinnaiah ... Petitioner Vs

1. The Thasildar, Taluk Office, Melur Melur Taluk, Madurai District.

2. The Head Surveyor, Taluk Office, Melur Melur Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondent Nos.1 and 2 to survey and mark four boundaries of petitioner's land property with an extent of 28.0 Acres (69 cents) situated in Survey No.421/11, E.Malampatti, Melur Taluk, Madurai District based on the petitioner's representation dated 10.01.2023 within a stipulated time that may be fixed by this Court. 1/4

For Petitioner : Mr.R.Karunanidhi For Respondents : Ms.D.Farjana Ghoushia, Special Government Pleader

O R D E R

The petitioner has submitted an application dated 10.01.2023 before the respondents requesting them to survey his land in Survey No.421/11, E.Malampatti, Melur Taluk, Madurai District . Since the said application has not been considered, the present writ petition has been filed.

2. Ms.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the respondents, on instructions, submits that based on the petitioner's application, the survey officials have visited the place, at that time, the adjacent land owners have objected for the same and therefore, survey could not be conducted.

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.

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4. Accordingly, this writ petition is disposed of with a direction to the respondents to issue a notice to the objectors 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. 25.08.2023 NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

vrn To

1. The Thasildar, Taluk Office, Melur Melur Taluk, Madurai District.

2. The Head Surveyor, Taluk Office, Melur Melur Taluk, Madurai District.

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B.PUGALENDHI, J.

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