Gopal v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Gopal ... Petitioner Vs.

1.The Tahsildar, Office of the Tahsildar, Tiruchendur Taluk, Thoothukudi District.

2.The Head Surveyor, Office of the Tahsildar, Tiruchendur Taluk, Thoothukudi District.

3.Petchiammal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 1 and 2 to survey the land in connection with Survey No. 296, 310/1, situated at Mela Tiruchendur Village, Tiruchendur Taluk, Thoothukudi District based on the connected issues pending before the 1/4

Sub Court, Tiruchendur in I.A.No.150/2017 in unregistered Appeal Suit A.S.No.Nil/2023.

For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.C.Satheesh Government Advocate for R.1 & R.2

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the official respondents.

2. This writ petition is not maintainable. The petitioner wants this Court to restrain the official respondents from conducting survey. The survey itself has been undertaken pursuant to the positive direction given by this Court in W.P(MD)No.16447 of 2023 on 07.07.2023. The petitioner has to move the very same Hon'ble Judge either by way of review or he must file writ appeal questioning the said order. Filing a fresh writ petition is misconceived.

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3. Granting liberty to the writ petitioner to file a writ appeal or review petition, this writ petition is dismissed. There shall be no order as to costs.

10.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Tahsildar, Office of the Tahsildar, Tiruchendur Taluk, Thoothukudi District.

2.The Head Surveyor, Office of the Tahsildar, Tiruchendur Taluk, Thoothukudi District.

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G.R.SWAMINATHAN, J.

MGA 10.10.2023 4/4