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Madras High CourtWP(MD)/21042/2023disposed of

Muthuramalingam.R v. The Tahsildar

2023-08-29Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI R.Muthuramalingam .. Petitioner v.

1.The Tahsildar, Thiruppathur Taluk Office, Thiruppathur, Sivagangai District.

2.The Taluk Surveyor, Thiruppathur Taluk Office, Thiruppathur, Sivagangai District.

3.The Inspector of Police, Kundrakudi Police Station, Sivagangai District.

4.C.Revathy 5.Visalakshi @ Saala 6.V.Manickam .. Respondents 1/4

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 1 to 3 to conduct survey and fix the boundaries in respect of the petitioner's property in S.No.111/4C to an extent of 0.10.85 Hectares situated at Kundrakudi Village, Thiruppathur Taluk, Sivagangai District, with adequate police protection, based on the petitioner's representations dated 16.04.2023 and 19.04.2023.

For Petitioner : Mr.K.Muthumalai For Respondents : Mr.M.Sarangan, Additional Government Pleader for R.1, R.2 Mr.P.Kottaichamy, Government Advocate (Crl. Side) for R.3 *****

ORDER

The petitioner, with a grievance that his application for survey has not been considered, has filed this writ petition. 2/4

2.Learned Additional Government Pleader, on instructions, submitted that the adjacent land owners have raised certain objections and therefore, they could not complete the survey. 3.If the Survey Officer has received any objections from anybody at the time of survey, he shall proceed further as per Sub-Section 1 of Section 10 of the Tamil Nadu Survey and Boundaries Act and shall pass orders within a reasonable time.

4.Considering the submission made by the learned Additional Government Pleader, this writ petition is disposed of with a direction to the second respondent / Surveyor to conduct an enquiry u/s.10 of the Tamil Nadu Survey and Boundaries Act and to take a decision thereon, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Index :

Yes / No 29.08.2023 NCC :

Yes / No Internet :

Yes gk 3/4

B.PUGALENDHI, J.

gk To 1.The Tahsildar, Thiruppathur Taluk Office, Thiruppathur, Sivagangai District.

2.The Taluk Surveyor, Thiruppathur Taluk Office, Thiruppathur, Sivagangai District.

3.The Inspector of Police, Kundrakudi Police Station, Sivagangai District.

29.08.2023 4/4