A writ petition sought to stop a land survey ordered pursuant to an earlier writ petition by the fifth respondent. The court disposed of it directing parties to submit objections to the respondents, noting the survey should not proceed if a suit was pending.
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W.P.No.10824 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :07.11.2024
THE HONOURABLE Ms. JUSTICE P.T. ASHA
W.P.No.10824 of 2024 and W.M.P.No.11932 of 2024
N.Chandraprakasam ...Petitioner
vs
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of mandamus forbearing the respondents 1 and 2 from making Survey and measurements and sub-division of the
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W.P.No.10824 of 2024
lands in SF No. 258/1 258/11-B and 258/2 measuring an extent of 0.77.00 Ares of Thevaiyur North Village, Veppanthattai Taluk Perambalur District.
For Petitioner : Mr.S.Kamadevan For Respondents : Mr.M.R.Gokul Krishnan 1 and 2 Additional Government Pleader For Respondents 3 to 5 : Mr.Avinash Wadhwani
ORDER
This Writ Petition has been filed seeking a Mandamus, to forbear
the respondents 1 and 2 from making Survey and measurements and sub-division of the lands in SF No. 258/1 258/11-B and 258/2 measuring an extent of 0.77.00 Ares of Thevaiyur North Village, Veppanthattai Taluk Perambalur District.
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W.P.No.10824 of 2024
has been shown as 4th respondent, orders have been passed at the admission stage itself without notice to the petitioner, issuing the following directions:
“5. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of mandamus to consider the petitioner's representation, this Court without expressing any opinion with regard to the merits of the case, directs the 1st respondent to consider the petitioner's applications dated 29.01.2024 and 31.01.2024 and issue notice to the petitioner, 4th respondent herein, adjacent land owners of the four boundaries of the subject land and also to the interested parties/rival claimants/objectors if any, as the case may be and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law within the time as prescribed in the circular No.R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration, from the date of receipt of a copy of this order.”
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5. Heard the learned counsels on either side.
only on the basis of the orders of this Court, the parties shall submit their objections before the respondents and if a suit is pending, the survey shall not be proceeded with. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
07.11.2024
Index: Yes/No
srn
To
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W.P.No.10824 of 2024
Veppanthattai Taluk Veppanthattai and Post Perambalur District.
P.T.ASHA, J.,
srn
W.P.No.10824 of 2024 and W.M.P.No.11932 of 2024
07.11.2024
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1 issue framed by the court
Whether survey and sub-division of the petitioner's lands should be barred while his suit for declaration is pending.
1 provisions across 1 enactments
N.Chandraprakasam
The Tahsildhar, Veppanthattai taluk
The Head Surveyor, Veppanthattai Taluk
N.Krishnasamy
Balamahendran
Vinothraj
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
