Madras High CourtWP(MD)/21414/2023disposed of

Seethalakshmi v. The Tahsildar

2023-09-01Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Seethalakshmi ... Petitioner Vs 1.The Tahsildar, Sivagiri Taluk, Tenkasi District.

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

3.The Panchayat President, Devipattinam Panchayat, Tenkasi District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 & 2 to survey and demarcate the petitioner's patta lands in Survey No.318/5A1A1A in Vishwanathaperi Village Bit-II, Sivagiri Taluk, Tenkasi District within a stipulated time. For Petitioner : Mr.S.Balakarthick For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader 1/4

O R D E R

The petitioner has approached this Court that his application for survey of his land, dated 28.04.2023 has not been considered by the respondents so far.

2.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the respondents, on instructions submits that when the Survey officer went to the petitioner's land to conduct survey on 19.05.2023, the adjacent land owner has raised certain objections. Therefore, the survey could not be completed on that date.

3.Considering the submissions made by the learned Special Government Pleader, this writ petition is disposed of with a direction to the Survey Officer to conduct an enquiry under Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 after issuing notice to the adjacent land owners. In the event, if there is any further objections without any valid reasons, the Survey Officer 2/4

shall obtain police protection and conduct the survey. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs.

01.09.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn To 1.The Tahsildar, Sivagiri Taluk, Tenkasi District.

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

3.The Panchayat President, Devipattinam Panchayat, Tenkasi District.

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B.PUGALENDHI, J.

vrn Order made in 01.09.2023 4/4