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Madras High CourtWP(MD)/22076/2018disposed of

Muthu, v. The Tahsildar,

2024-01-31Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2024

CORAM:

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

1. The Tahsildar, Thirumangalam Taluk, Madurai District.

2. The Taluk Surveyor, Thirumangalam Taluk, Madurai District.

3. The Inspector of Police, Checkanoorani Police Station, Madurai District.

4. Nallu Thevar ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the respondent Nos.1 and 2 to survey the petitioner's land located in respect of land in Survey No.266/5A1 to an extent of 0.40.48 cents, situated at Kinnimangalam, Checkkanoorani, Thirumangalam Taluk, Madurai 1/4

District and further to direct the 3rd respondent to provide necessary police protection to survey the land within time frame fixed by this Court based on the petitioner's representation dated 27.09.2018. For Petitioner : No appearance For R1 and R2 : M/s.D.Farjana Ghoushia, Special Government Pleader For R3 : Mr.M.Vaikkam Karunanidhi, Government Advocate (Crl. side)

ORDER

The petitioner has submitted an application dated 27.09.2018 to the respondents 1 and 2 requesting them to survey the land in Survey No.266/5A1 to an extent of 0.40.48 cents, situated at Kinnimangalam, Checkkanoorani, Thirumangalam Taluk, Madurai District. Since the said application has not been considered, the petitioner has filed this writ petition for a Mandamus, directing the respondents 1 and 2 to survey the land in Survey No.266/5A1.

2. Today, when the writ petition is taken up for consideration, there is no representation for the petitioner. 2/4

3. The learned Special Government Pleader appearing for the respondents 1 and 2 submits that when the respondents went to the spot to conduct survey, the 4th respondent has raised certain objections and therefore, they have not conducted survey.

4. If there is any objection from the 4th respondent, the respondents shall issue notice under Section 10 of the Tamil Nadu Survey and Boundaries Act to the objectors and thereafter, take a decision in accordance with law.

5. Accordingly, this writ petition is disposed of. No costs. 31.01.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

ogy To

1. The Tahsildar, Thirumangalam Taluk, Madurai District.

2. The Taluk Surveyor, Thirumangalam Taluk, Madurai District.

3. The Inspector of Police, Checkanoorani Police Station, Madurai District.

31.01.2024 4/4