Jeyalakshmi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.25136 of 2023 Jeyalakshmi ... Petitioner Vs.

1.Tahsildar, Aruppukottai Taluk, Virudhunagar District.

2.Raj ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the 1st respondent from surveying or demarcating or entertaining division in the land in Survey No. 168/6B1 in Rajagopalapuram Village, Aruppukottai Taluk, Virudhunagar District without providing an opportunity to hearing petitioner's objections. For Petitioner : Mr.S.M.Arun Kumaar For Respondents : Mr.V.Nirmal Kumar Government Advocate for R1

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for R1. Issuance of notice to the second respondent is dispensed with.

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2. The first respondent informs the Court that patta in respect of the subject property stands in the name of the second respondent. Therefore, request for conducting survey at his instance cannot be rejected. When the first respondent proposes to conduct survey, the petitioner has to be put on notice. Whatever objections which the petitioner may have will have to be taken into account. A speaking order has to be passed by the first respondent on the petitioner's objection before conducting survey.

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

12.12.2023 Index : Yes / No Internet : Yes/ No rmi To Tahsildar, Aruppukottai Taluk, Virudhunagar District.

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G.R.SWAMINATHAN, J.

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