P.Suresh Kumar v. Manivasagan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD)Nos.15420 and 15421 of 2024 P.Suresh Kumar ... Appellant -vs1.Manivasagan 2.The Tahsildar, Cumbum, Theni District.

3.The Head Surveyor, Cumbum, Theni District.

... Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, against the order passed by this Court in W.P.(MD)No.23304 of 2024, dated 01.10.2024.

For Appellants : Mr.Jerin Mathew For Respondents 2 & 3 : Mr.S.R.A.Ramachandran, Additional Government Pleader

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] Mr.S.R.A.Ramachandran, learned counsel takes notice for the respondents 2 and 3.

2.The order challenged in the Writ Petition is one directing survey of land in ward D Block 16, T.S.No.4 of Cumbum Municipality. 3.The learned counsel for the appellant would however contend that the Surveyor is attempting to partition the property, by pointing out the property has purchased only four out of 7 shares. Those four out of 7 shares cannot be surveyed independently.

4.We are unable to find any justification for the apperhension of the learned counsel for the appellant. The Writ Court had directed only survey of the land as mentioned in the petition. The notice issued after the order also states that what is to be surveyed is land in ward D Block 16, T.S.No.4 of Cumbum Municipality. We are therefore, unable to presume that the Surveyor will partition the property. There is no statutory power vested in the Surveyor to effect partition. The Surveyor would only measure the entire land, mark the boundaries and nothing further can be done by the

Surveyor. Therefore, the apprehension of the appellant is thoroughly misplaced.

5.The Writ Appeal is dismissed with the above clarification. No Costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 28.10.2024 NCC :Yes/No Index :Yes/No Internet: Yes Mrn To 1.The Tahsildar, Cumbum, Theni District.

2.The Head Surveyor, Cumbum, Theni District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 28.10.2024