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Madras High CourtWP(MD)/26748/2022dismissed

Muthuvairam.K v. The Tahsildar

2022-11-28Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.26748 of 2022 K.Muthuvairam ... Petitioner vs.

1.The Tahsildar, Office of the Tahsildar, Virudhunagar Taluk, Virudhunagar District.

2.The Firka Surveyor, Sennalgudi Firka, Virudhunagar Taluk, Virudhunagar District.

3.Chandira 4.Maheswari 5.Mahendran 6.Erakammal 7.Vigneshwaran ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to survey the petitioner's land comprised in S.No.298/6 situated at Sennalgudi Village, Virudhunagar Taluk in Virudhunagar District. 1/5

For Petitioner : Mr.S.Malaikani For R1 & R2 : Mr.D.Gandhiraj Special Government Pleader

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to survey the petitioner's land comprised in S.No.298/6 situated at Sennalgudi Village, Virudhunagar Taluk in Virudhunagar District.

2. The case of the petitioner is that the property in S.No.298/6 situated at Sennalgudi Village, Virudhunagar Taluk in Virudhunagar District belongs to the petitioner. The petitioner has made an application and paid necessary charges on 23.05.2022, to survey the land and fix correct boundaries. When the revenue and survey officials came to the petitioner's land on 06.07.2022 to survey the land, the respondents 3 to 6 virtually threatened the officials and hence, the officials went back without surveying the land. Thereafter, the petitioner has made a representation to the first respondent on 02.07.2022, requesting him to 2/5

survey the land with police protection. But so far the petitioner's land was not surveyed. Hence, the present writ petition has been filed.

3. The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that they have already measured the petitioner's property in S.No.298/6 situated at Sennalgudi Village, Virudhunagar Taluk in Virudhunagar District.

4. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 and 2.

5. Considering the above submission, this Court is of the view that once the authorities have categorically made a statement that they have already measured the property, the petitioner cannot again and again ask for measuring the property. Hence, this Writ Petition is dismissed. No costs.

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To 1.The Tahsildar, Office of the Tahsildar, Virudhunagar Taluk, Virudhunagar District.

2.The Firka Surveyor, Sennalgudi Firka, Virudhunagar Taluk, Virudhunagar District.

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V.BHAVANI SUBBAROYAN,J.

akv W.P.(MD)No.26748 of 2022 28.11.2022 5/5