Madras High CourtWP(MD)/27767/2022disposed of

Puzhuthipandian v. The Tahsildar

2022-12-23Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.21850 of 2022 Puzhuthipandian ... Petitioner Vs.

1.The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

2.The Head Surveyor, Vilathikulam Taluk, Thoothukudi District.

3.S.Muthuganesan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1 and 2 respondents to consider the petitioner's objection petition dated 06.12.2022 and obey the Honble Court directions of the order in WP(MD) No.12010 of 2022 dated 24.08.2022 regarding with the survey and demarcate the property in Survey No.475/1 situated in Kulathoor South Village, Vilathikulam Taluk, Thoothukudi District.

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For Petitioner : Mr.M.M.Manivelpandian For Respondents : Mr.M.Lingadurai, Spl. Government Pleader for R1 & R2.

Mr.R.J.Karthick for R3.

ORDER

Heard the learned counsel on either side.

2.The third respondent herein filed W.P.(MD)No.12010 of 2022 for survey and demarcation of the property in Survey No.475/1 in Kulathur South Village. This Court disposed of the said writ petition on 24.08.2022 with certain directions. The petitioner herein has come before this Court contending that the survey authority must consider his objections also. 3.No exception can be taken to the petitioner's request. If there is no other impediment such as restraint order from the Hon'ble Division Bench, the survey authority can very well proceed with the exercise. The survey authority will issue notice to the petitioner herein. The survey authority will bear in mind the directions given in W.P.(MD)No.12010 of 2022. It is further made it clear that that if survey exercise actually takes place, the survey report will be served on all the parties. During survey, the parties also can give memo of 2/4

instructions. It is made clear that at the end of survey exercise, survey stones alone will be installed. There is no question of erecting any fencing by using police aid.

4.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

23.12.2022 Index : Yes / No Internet : Yes/ No ias To:

1.The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

2.The Head Surveyor, Vilathikulam Taluk, Thoothukudi District.

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G.R.SWAMINATHAN, J.

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