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Madras High CourtWP(MD)/22904/2023closed

Raja v. The Tahsildar

2023-09-20Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Raja ... Petitioner Vs.

1. The Tahsildar, Dindigul West Taluk, Dindigul District.

2. The Firka Surveyor, Dharmathupatty Firka, O/o. Dindigul West Taluk, Dindigul District.

3. A. Rajendran

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner dated 02.08.2023 within the time fixed by this Honble Court.

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For Petitioner : Mr. K. Vigneshkumar For R1 and R2 : Mr. D. Farjana Ghoushia, Special Government Pleader

O R D E R

This Writ Petition is filed seeking for a direction to the respondents 1 and 2 to consider the representation of the petitioner dated 02.08.2023.

2. The learned counsel appearing for the petitioner submits that based on the application made by the third respondent, the second respondent is going to conduct survey. Aggrieved over the same, the petitioner has submitted a representation to the respondents 1 and 2 on 02.08.2023, however, the same has not been considered so far.

3. It appears that there are civil disputes between the petitioner and the third respondent. If the petitioner is having any grievance, he can raise all the objections before the second respondent/Firka Surveyor. The Surveyor shall conduct enquiry and take a decision and thereafter, 2/4

proceed with the survey. In the event, if the petitioner is aggrieved over the decision of the Surveyor, he is having an appeal remedy under Section 11 of the Tamil Nadu Survey and Boundaries Act, 1923.

4. Accordingly, this Writ Petition is closed. There shall be no order as to costs.

20.09.2023 Index: Yes/No Internet: Yes/No ssb To

1. The Tahsildar, Dindigul West Taluk, Dindigul District.

2. The Firka Surveyor, Dharmathupatty Firka, O/o. Dindigul West Taluk, Dindigul District.

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B.PUGALENDHI, J.

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