Dismissed

Vellaichamy. P v. Abdul Raja Mohammed

Madras HC7 Nov 2023WMP(MD)/21003/2023

Case brief

AI extract

What is this about?

The Court dismissed a petition seeking leave for a review application where the petitioner bypassed the statutory appeal remedy under the Tamil Nadu Survey and Boundaries Act, 1923 regarding a land survey objection. The review was dismissed at the SR stage, also dismissing the underlying petition.

What did the court decide?

The Miscellaneous Petition seeking leave for a review is dismissed. The Review Application is dismissed at the admit stage.

Vellaichamy. P Vs Abdul Raja Mohammed — Execution and Attachment | Madras HC (2023)

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WMP(MD) No.21003 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 07.11.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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WMP(MD) No.21003 of 2023 in

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REV.APLW(MD)SR.No.75330 of 2023

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P.Vellaichamy ... Petitioner

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1.Abdul Raja Mohammed 2.The Tahsildar, Melur Taluk, Madurai District. 3.The Head Surveyor, Taluk Office Campus, Melur, Madurai District. ...Respondents

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PRAYER in W.M.P.(MD) No.21003 of 2023: Writ Miscellaneous Petition filed under Article 226 of the Constitution of India to grant leave to file the above review against the order in W.P.(MD)No. 18502 of 2023, dated 31.07.2023.

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

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WMP(MD) No.21003 of 2023

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PRAYER in REV.APLW.SR.75330 of 2023: Review Application – filed under Order 41 Rule 1 & 2 of Civil Procedure Code r/w Section 114 of Civil Procedure Code, to review the order passed by this Court in W.P.(MD)No.18502 of 2023, dated 31.07.2023.

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For Petitioner : Mr.G.Prabhu Rajadurai For R2 & R3 : Mr.P.T.Thiraviam Government Advocate

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O R D E R

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This Miscellaneous Petition is filed seeking leave of this Court to file a Review application against the order passed by this

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Court in W.P.(MD)No.18502 of 2023, dated 31.07.2023.

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2.The petitioner claims that he is a cultivating tenant in the land in S.Nos.181/11A to an extent of 86 cents, Vanji Nagaram Village, Karungalakudi, Melur Taluk, Madurai District. The first respondent has filed the above writ petition in WP(MD) No.18502 of 2023 for a Mandamus directing the respondents to survey his land in S.No.181/11A, Vanji Nagaram Village, Karungalakudi, Melur Taluk, Madurai District by considering his application dated 05.06.2023. When the writ petition was taken up for hearing, the

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

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WMP(MD) No.21003 of 2023

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learned Government Advocate submitted that this petitioner has raised objection before the survey officer at the time of survey. His objection was duly considered under Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 and an order was also passed rejecting his request and survey was also completed. If this petitioner is aggrieved over the order passed by the Survey officer, he is having an appeal remedy before the appellate authority under Section 11 of the Tamil Nadu Survey and Boundaries Act, 1923. However, this petitioner without invoking the appeal remedy has filed this Miscellaneous Petition seeking leave of this Court to file a review application.

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3.In view of the above, this Miscellaneous Petition is dismissed. Consequently, the Review Application is also dismissed at the SR stage itself.

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07.11.2023

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NCC :Yes/No Index :Yes/No Internet:Yes vrn

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

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WMP(MD) No.21003 of 2023

B.PUGALENDHI, J.

vrn

1.The Tahsildar, Melur Taluk, Madurai District.

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

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Order made in WMP(MD) No.21003 of 2023 in REV.APLW(MD)SR.No.75330 of 2023

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07.11.2023

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

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Vellaichamy. P v. Abdul Raja Mohammed

Case brief

What is this about?

What did the court decide?

Vellaichamy. P v. Abdul Raja Mohammed

Case brief

What is this about?

What did the court decide?

What the court decided

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