Petitioner sought directed survey of land. Court found survey complaints had been complied with. Ordered Taluk Surveyor to serve report copy to petitioner and impleading respondents within two weeks. Petition disposed of.
Talak Surveyor directed to serve copy of survey report to petitioner and impleading respondents within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No. 2209 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2021
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN
W.P.No. 2209 of 2021
K.T.J. Prakash,
S/o. Late K.T.Janakiraman ... Petitioner
Versus
1. The Taluk Surveyor,
Land Survey Department,
Thiruvallur District,
Chennai.
2. M.Kalavathy
3. P.Elumalai Naicker
4. P.Ranganatha Naicker ... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Mandamus, directing the 1 st
respondent to survey the land as per the application dated 06.01.2021 with
the help of police.
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W.P.No. 2209 of 2021
For Petitioner : Mr.R.Nedunchezhiyan
For Respondents : Mr.M.Manigopi, Govt. Advocate for R1
Mr.Ravikumar Paul, Senior Adv., for M/s.Paul and Paul, for R2 to R4
O R D E R (The case has been heard through video conference)
This Writ Petition has been filed seeking a direction directing the 1st respondent to survey the land as per the application dated 06.01.2021 with the help of police. 2. Earlier, when the matter taken up for hearing, the learned
Government Pleader appearing for 1st respondent, on instructions, submitted
that, pending Writ Petition, the land has been surveyed by the Surveyor and
sought time to file a report. Hence, the matter is adjourned to today.
Counsel appearing for impleading respondents would submit that supressing
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W.P.No. 2209 of 2021
the fact that the civil suit is pending, the petitioner has filed a Writ Petition
and the copy of survey report was not served on to him.
4. Considering the circumstances and the prayer sought in the Writ
Petition, surveying the land has been complied with and reported that the
Surveyor has also measured the property. Hence, nothing survives for
further adjudication in this Writ Petition. However, the Taluk Surveyor is
directed to serve the copy of report to the petitioner as well as impleading
respondents 2 to 4 within a period of two weeks from the date of receipt of
copy of this order. Accordingly, this Writ Petition stands disposed of. No
costs.
16.04.2021
rpp
To
The Taluk Surveyor,
Land Survey Department,
Thiruvallur District,
Chennai.
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W.P.No. 2209 of 2021
V.BHARATHIDASAN, J.
rpp
W.P.No. 2209 of 2021
16.04.2021
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2 issues framed by the court
Whether the writ petition survives after the respondent reports that the land has been surveyed and measured.
Whether a direction is necessary for the surveyor to serve the copy of the survey report to the petitioner.
K.T.J. Prakash
The Taluk Surveyor
M.Kalavathy
P.Elumalai Naicker
P.Ranganatha Naicker
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
