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Madras High CourtWP(MD)/28419/2023disposed of

Tamilmani v. The District Collector

2023-12-01Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.24464 of 2023 Tamilmani ... Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The Tahsildar, Manmangalam Taluk, Karur District, Karur.

3.The Firka Surveyor, Manmangalam Taluk, Karur District, Karur.

4.The Taluk Sub-Inspector, Taluk Office, Manmangalam Taluk, Karur District, Karur.

5.Periyasamy 6.Babu ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents No. 2 to 4 not to sub-divide the property in S.F.No. 324/2 situated at Sankarampalayam, Minampalli Post, Manmangalam Taluk, Karur by surveying the land without obtaining separate patta by the 5th and 6th respondent based upon the petitioner's representation dated 21.11.2023. For Petitioner : Mr.S.Manojkumar For Respondents : Mr.V.Nirmal Kumar Government Advocate for R1 to R4

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for R1 to R4. Issuance of notice to R5 & R6 is dispensed with.

2. It appears that the private respondents have applied to the second respondent for sub-dividing the petition mentioned property. The petitioner wants this Court to restrain the authorities from doing so. The statutory authority cannot be prevented from exercising the statutory function. This Court cannot assume in advance that the authority will act in disregard of the standard procedures. As and when the second respondent considers the application that might have been submitted by R5 & R6, the petitioner's objection also will be taken note of. Before passing any order on the application 2/4

for sub-dividing the petition mentioned property, the petitioner will be put on notice.

3. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

01.12.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Karur District, Karur.

2.The Tahsildar, Manmangalam Taluk, Karur District, Karur.

3.The Firka Surveyor, Manmangalam Taluk, Karur District, Karur.

4.The Taluk Sub-Inspector, Taluk Office, Manmangalam Taluk, Karur District, Karur.

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G.R.SWAMINATHAN, J.

rmi 01.12.2023 4/4