A.Murugeshwari v. Rajathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twenty Eighth day of January Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE G.R.SWAMINATHAN in WP(MD) No.4726 of 2024 A.Murugeshwari ... Petitioner/ Respondent No.5 Vs 1 Rajathi ... 1st Respondent /Writ Petitioner 2 The Tahsildar, Dindigul East Taluk, Dindigul District.

3 The Firka Surveyor, Dindigul East Taluk, Dindigul District.

4 The Sub Inspector of Police, Sanarpatti Police Station, Sanarpatti Dindigul District.

5 Seeniammal ... Respondents No.2 to 5/ Respondents No. 1 to 4 1/4

Prayer in WMP(MD). No.24085 of 2024:- Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, to recall the order dated 29.02.2024 made in WP(MD).No. 4726 of 2024 on the file of this Court.

Prayer in WP(MD). 4726/ 2024:- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing respondents No.1 and 2 to carry out the Survey and Demarcation of the boundaries work in the petitioners landed property comprised in Survey Nos.301/14A, 301/17 and 301/19 situated at Madur Village, Dindigul East Taluk, Dindigul with the aid of the 3rd respondent Police on the basis of her Application dated 23.01.2024 after affording an opportunity to the parties concerned within the time as stipulated by this Honble Court and for other reliefs.

ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.Thirumurugan, Advocate for the Petitioner and of Mr.D.Siddharthan, Additional Government Pleader, for the 1st to 4th respondents, this Court made the following order:

"Heard both sides.

2.The first respondent herein filed W.P.(MD)No.4726 of 2024 for conducting survey. The writ petition was disposed of on 29.02.2024 by issuing the usual set of directions. Seeking recall of the said order, this miscellaneous petition has been filed.

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3.I make it clear that the parties can work out their respective rights in terms of the directions issued by this Court on 29.02.2024 in W.P.(MD)No.4726 of 2024. The object of survey is only to earmark the petition mentioned land. If the writ petitioner / Rajathi wants to put up any fencing, she can do so only after getting injunction order from the jurisdictional civil Court. She cannot put up any fencing by invoking the order dated 29.02.2024 in W.P.(MD)No.4726 of 2024. 4.This writ miscellaneous petition is disposed of accordingly." Sd/- Assistant Registrar( C.S-I ) // True Copy // /02/2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO

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

2. The Firka Surveyor, Dindigul East Taluk, Dindigul District.

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3. The Sub Inspector of Police, Sanarpatti Police Station, Sanarpatti Dindigul District.

4. The Government Pleader, Madurai Bench of Madras High Court, Madurai +1 CC to Mr.T.Thirumurugan, Advocate, SR.No.6583, dated 30.01.2025.

+1 Cc to Mr.J,Lawrance, Advocate, Sr.No.6023, dated 29.01.2025 ORDER DATED : 28/01/2025 ==========================

ORDER

========================== in WP(MD) No.4726 of 2024 Giving direction and etc.

as stated within.

KVL(05/02/2025) 4P 7 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4