Madras High CourtWP(MD)/17657/2018disposed of

Sangeetha v. The Tahsildar

2024-03-26Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Sangeetha ... Petitioner Vs 1.The Tahsildar, Thuraiyur, Trichy District.

2.The Taluk Surveyor, Taluk Office, Thuraiyur, Trichy District.

3.K.A.Durairaj

...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 consider the representation of the petitioner dated 23.07.2018 and to measure the property in S.F.No.424/3 & 424/4 at Murugoor Village, Thuraiyur Taluk, Trichy District for the purpose of demarcating the property as regards its areas and extents. 1/4

For Petitioner : No appearance For R1 & R2 : Mr.A.Baskaran Additional Government Pleader For R3 : Mr.P.Sesubalan Raja

O R D E R

The petitioner with a grievance that despite his application, the respondents have not surveyed the petitioner's land in S.F.No.424/3 & 424/4 at Murugoor Village, Thuraiyur Taluk, Trichy District has filed this writ petition for a mandamus, directing the respondents to survey the petitioner's land. 2.Today (26.03.2024), when this writ petition is taken up for hearing, there is no representation for the petitioner. It is also reported that the petitioner's counsel is no more. 3.The learned Additional Government Pleader appearing for the respondents 1 & 2 submits that a civil litigation is pending between the petitioner and the rival party and the rival party has raised certain objections for survey of the land and therefore they have not conducted the survey.

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4.In view of the above, 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 and thereafter proceed with the survey and conclude the same within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that survey of the land would not confer any right of the parties on the property. No costs.

26.03.2024 NCC: Yes/No Index:Yes/No Internet:Yes vrn To 1.The Tahsildar, Thuraiyur, Trichy District.

2.The Taluk Surveyor, Taluk Office, Thuraiyur, Trichy District.

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B.PUGALENDHI, J.

vrn Order made in 26.03.2024 4/4