Balamurugan vs P.Niraimathi
2023 Latest Caselaw 4317 Mad

                                                                         W.A(MD)No.476 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                           DATED : 17.04.2023

                                                CORAM:

                           THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                          THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                       W.A(MD)No.476 of 2023
                                                and
                                      C.M.P(MD)No.4880 of 2023

              Balamurugan                          ... Appellant/4th Respondent

                                                   -vs-

              1.P.Niraimathi                          ... Respondent/Petitioner

              2.The Tahsildar,
                Office of the Tahsildar,
                Melur Taluk,
                Madurai District.

              3.The Head Surveyor,
                Taluk Office,
                Melur Taluk,
                Madurai District.

              4.The Village Administrative Officer,
                Ambalakaranpatti Village,
                Kottanathampatti Village(Via),
                Melur Taluk,
                Madurai District – 625 109.

              5.Saranya
              6.Vairamuthu                    ... Respondents 2 to 6/
                                                     Respondents 1 to 3 and 5 & 6

              PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order

              made in W.P(MD)No.3795 of 2023 dated 01.03.2023.


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https://www.mhc.tn.gov.in/judis
              Page 1 of 4
                                                                            W.A(MD)No.476 of 2023


                                  For Appellant   :    Mr.S.A.Ajmalkhan

                                                  JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Being aggrieved by the order of the Writ Court, dated 01.03.2023

made in W.P(MD)No.3795 of 2023, the appellant has filed this writ appeal.

2. We do not any reason to entertain the appeal. All that the Writ

Court done is to direct the official respondents to conduct a survey and

demarcate the property. The Writ Court had made it very clear that the

survey will not result in dispossession of any person and no fencing shall

be put up by any person using police force for conducting the survey

operations and the questions of title have also been left open. Hence, we

do not see any injury or prejudice that would occur to the appellant in view

of the order of the Writ Court. Hence, the writ appeal fails and it is

accordingly dismissed. No Costs. Consequently, connected miscellaneous

petition is closed.

                                                             [R.S.M., J.]    [L.V.G., J.]
                                                                    17.04.2023
              NCC         :Yes/No
              Index      :Yes/No
              PM




                ____________

https://www.mhc.tn.gov.in/judis

W.A(MD)No.476 of 2023

To:

1.The Tahsildar, Office of the Tahsildar, Melur Taluk, Madurai District.

2.The Head Surveyor, Taluk Office, Melur Taluk, Madurai District.

3.The Village Administrative Officer, Ambalakaranpatti Village, Kottanathampatti Village(Via), Melur Taluk, Madurai District – 625 109.

____________ https://www.mhc.tn.gov.in/judis

W.A(MD)No.476 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

pm

W.A(MD)No.476 of 2023

17.04.2023

____________ https://www.mhc.tn.gov.in/judis