Madras High CourtWP(MD)/20057/2016dismissed as abated

Kaliammal, v. The Tahsildar

2024-11-11Honourable Mrs Justice N. Mala4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Kaliammal ... Petitioner /Vs./ 1.The Tahsildar, Oddanchatram Taluk, Dindigul District.

2.The Taluk Sub-Inspector (Survey), Taluk Office, Oddanchatram, Dindigul District.

3.The Firka Surveyor, Chinnakkampatti Firka, Oddanchatram Taluk, Dindigul District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to measure, to fix four boundaries and to erect boundary stones by surveying the properties in Survey Nos.117/1, 118/3B and 123/3 situated at Mandavadi Village, Oddanchatram Taluk by holding enquiry as per Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 in compliance with the notice dated 30.07.2016 in F.L.92/16 issued by the second respondent. 1/4

For Petitioner : Mr.D.Venkatesh For Respondents : Mr.A.Kannan Additional Government Pleader

ORDER

This Writ Petition is filed for issuance of Writ of Mandamus directing the respondents to measure, to fix four boundaries and to erect boundary stones by surveying the properties in Survey Nos.117/1, 118/3B and 123/3 situated at Mandavadi Village, Oddanchatram Taluk by holding enquiry as per Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 in compliance with the notice dated 30.07.2016 in F.L.92/16 issued by the second respondent.

2. When the matter is taken up for hearing today, the learned counsel for the petitioner submits that the petitioner died as early as on 03.05.2024 and in spite of several communications sent to the legal heirs of the deceased petitioner, there is no response. The learned counsel therefore submits that it appears that the legal heirs are not interested in prosecuting the matter.

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3. In the light of the submissions made by the learned counsel for the petitioner, this Writ Petition is dismissed as abated with liberty to the legal heirs of the deceased petitioner to re-call the order, if they are so advised. No costs.

11.11.2024 Index : Yes / No NCC : Yes / No CM TO:

1.The Tahsildar, Oddanchatram Taluk, Dindigul District.

2.The Taluk Sub-Inspector (Survey), Taluk Office, Oddanchatram, Dindigul District.

3.The Firka Surveyor, Chinnakkampatti Firka, Oddanchatram Taluk, Dindigul District.

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N.MALA, J.

CM Order made in Dated:

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