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Madras High CourtWP(MD)/20241/2016dismissed

V.Gunasekaran, S/O.K.P.Velu, v. The Tahsildar,

2023-06-26Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.Gunasekaran

...Petitioner

Vs.

1.The Tahildar, Madurai North Taluk, Madurai.

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

3.P.Muniyasamy 4.P.Chokkar 5.M.Balamurugan 6.A.Thangabalamurugan

...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 herein to survey the petitioner's property comprised in Old Survey Nos.294/4 and 294/6, New Survey No. 164/5 admeasuring 5 cents situated at Sirudhur Village, Madurai 1/5

North Taluk, Madurai District by laying Survey Stone upon the petitioner's representations dated 02.03.2015 and 16.08.2016 and for other reliefs.

For Petitioner : Mr.J.Lawrance For R1 & R2 : Mr.M.Sarangan Additional Government Pleader For R3 to R6 : Mr.P.Banu Prasath

O R D E R

This Writ Petition is filed for a Mandamus, directing the respondents 1 & 2 herein to survey the petitioner's property comprised in Old Survey Nos.294/4 and 294/6, New Survey No. 164/5 admeasuring 5 cents situated at Sirudhur Village, Madurai North Taluk, Madurai District by considering his representations dated 02.03.2015 and 16.08.2016.

2.Today(26.06.2023), when this writ petition is taken up for hearing, the learned Additional Government Pleader appearing for the official respondents submits that the request of the petitioner for surveying the subject property was rejected on the ground that 2/5

the subject land belongs to four persons and at request of the petitioner alone, it cannot be entertained, without ascertaining the respective shares of other persons. The learned Additional Government Pleader has also produced a copy of the proceedings of the Tahsildar, Madurai North in Na.Ka.No.422/2018/S2 dated 20.06.2023.

3.Recording the submission of the learned Additional Government Pleader, this writ petition is dismissed with a liberty to the petitioner to challenge the proceedings in the manner known to law. No Costs.

26.06.2023 NCC : Yes / No.

Index : Yes / No.

vrn 3/5

To 1.The Tahildar, Madurai North Taluk, Madurai.

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

4/5

B.PUGALENDHI, J.

vrn Order made in 26.06.2023 5/5