Vellaichamy vs The Tahsildar
2023 Latest Caselaw 10029 Mad

                                                                    WP(MD)No.19259 of 2023

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 09.08.2023

                                                       CORAM:

                                     THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                             WP(MD)No.19259 of 2023
                                                      and
                                            WMP(MD)No.15957 of 2023

                Vellaichamy
                                                                       ... Petitioner
                                                         Vs

                1.The Tahsildar,
                  Manamadurai Tahsildar Office,
                  Manamadurai District.

                2.The Taluk Surveyor,
                  Manamadurai Taluk,
                  Sivagangai District.

                3.Rappani                                            ... Respondents

                PRAYER: Writ Petition is filed under Article 226 of the
                Constitution of India for issuance of a writ of mandamus,
                directing the respondent Nos.1 and 2 to forbear the survey
                in favour of the 3rd respondent in the petitioner's own
                property based on the objection petition of the petitioner
                on 05.07.2023 within a stipulated time that may be fixed by
                this Court.
                                     For petitioner    : Mr.S.Balasubramanian
                                      For Respondent   : Mr.PT.Thiraviam,
                                     Nos.1 and 2                Government Advocate


                1/4



https://www.mhc.tn.gov.in/judis
                                                                                      WP(MD)No.19259 of 2023

                                                               ORDER

The petitioner is having a grievance that the

3rd respondent by suppressing the decree obtained by the

petitioner in OS.No.185 of 1990, dated 23.01.1992, which

was confirmed by judgment and decree dated 23.11.1994

passed in AS.No.54 of 1993 by the learned District Judge,

Sivagangai District and the judgment and decree dated

17.06.2009 passed in SA.No.246 of 1997 by this Court, has

submitted an application for survey the land in S140/1A 17

and filed a writ petition before this Court in

WP(MD)No.8399 of 2019 and obtained an order for survey.

Accordingly the respondents are taking steps to survey the

land. Therefore, this writ petition is filed for a mandamus

forbearing the respondents 1 and 2 from surveying the land

based on his objections dated 05.07.2023.

2.The learned Additional Government Pleader appearing

for the official respondents submits that based on the

orders of this Court, the respondents have proceeded with

the application filed by the 3rd respondent and issued

notice to the petitioner on 21.06.2023 under

https://www.mhc.tn.gov.in/judis WP(MD)No.19259 of 2023

Section 10(1) of the Tamil Nadu Survey and Boundaries Act,

1923. The petitioner has made his objections on 05.07.2023,

the same is under consideration and decision would be taken

within a reasonable time.

3.Recording the above submission of the learned

Additional Government Pleader, this writ petition is

disposed of with a direction to the 1st respondent to pass

appropriate orders on the 3rd respondent's application by

considering the petitioner's objections dated 05.07.2023 in

accordance with law within a period of four weeks from the

date of receipt of a copy of this order. No costs.

Consequently connected miscellaneous petition is closed.

09.08.2023

dsk

To

1.The Tahsildar, Manamadurai Tahsildar Office, Manamadurai District.

2.The Taluk Surveyor, Manamadurai Taluk, Sivagangai District.

https://www.mhc.tn.gov.in/judis WP(MD)No.19259 of 2023

B.PUGALENDHI, J.

dsk

WP(MD)No.19259 of 2023

09.08.2023

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