Muthu v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023

CORAM

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

1.The Tahsildar, Nanguneri Taluk, Valliuoor.

2.The Head Surveyor, Nanguneri, Valliyoor.

3.Palkani ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct survey in S.No.117/1, i.e., earlier subdivided into S.No.117/1B thereafter further subdivided into S.No. 117/1B2 and now presently sub-divided as S.No.117/20, the land measuring to an extent of 162.58 Sq.mts (4.02 cents) situated in Dhalapathi Samuduram Village Part-II, Nanguneri Taluk, Tirunelveli fix 1/4

the boundary by considering petitioner's application, vide payment of Challan dated 30.03.2023 within the time fixed by this Court. For Petitioner : Mr.M.Subbiah For Respondents : Mr.C.Satheesh Government Advocate for R.1 & R.2 Mr.Anand C.Rajesh for R.3

ORDER

Heard both sides.

2. The learned counsel appearing for the third respondent submits that the petitioner is not entitled to the relief sought for because there is no plot available on ground. In my view, this objection very well be placed before the Thasildar / the first respondent himself. As and when the objection is placed, the first respondent has to consider the same and pass speaking order. I make it clear that I have not gone into the merits of the matter. It is for the first respondent to pass order one way or the other. The first respondent shall put the interested persons on notice before passing the final order.

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3. The Writ Petition is disposed of accordingly. There shall be no order as to costs.

22.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Tahsildar, Nanguneri Taluk, Valliuoor.

2.The Head Surveyor, Nanguneri, Valliyoor.

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G.R.SWAMINATHAN, J.

MGA 22.11.2023 4/4