Petitioners sought a writ of mandamus for appointing an Advocate Commissioner to survey and measure their land. The Court observed that remedies like appeals or payment of fees are available if the measurement was incorrect, and therefore dismissed the petition.
Writ petition dismissed; W.M.P.No.438 of 2024 allowed and disposed of; no order as to costs.
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.394 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.394 of 2024
.. Petitioners
Vs
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W.P.No.394 of 2024
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to appoint the Advocate Commissioner along with the Surveyor to measure and survey the land comprised in Survey No. 331/10A part totally measuring an extent of 8102 sq.ft situated at Korattur Village, Ambattur Taluk, Thiruvallur District which morefully belonged to the petitioners herein and further to direct the Advocate Commissioner to submit the report with respect to any encroachment.
For the Petitioners : Ms.P.Devi Sai Monica for Mr.K.Chandru
For the Respondents : Mr.P.Muthukumar State Government Pleader
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
Heard Ms.P.Devi Sai Monica, learned counsel for the petitioners; and Mr.P.Muthukumar, learned State Government Pleader for the respondents.
Commissioner along with a Surveyor to measure and survey the land comprised in S.No.331/10A part to an extent of 8102 sq.ft. at Korattur Village.
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W.P.No.394 of 2024
was conducted, however the survey was incorrect.
aggrieved by the measurement, a remedy of appeal is provided under the statute. The petitioners also have a right to apply for measurement by paying necessary fees. The petitioners can avail any of the remedies in that regard.
With these observations, the writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.438 of 2024 filed to permit the petitioners to file a single writ petition is allowed and disposed of.
(S.V.G., CJ.) (D.B.C., J.) 10.01.2024 Index : Yes/No Neutral Citation : Yes/No sasi
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W.P.No.394 of 2024
To:
1 THE SECTION OFFICER PUBLIC WORKS DEPARTMENT WATER RESOURCES ORGANIZATION RED HILLS IRRIGATION SECTION RED HILLS CHENNAI - 600 052.
Page 4 of 5
W.P.No.394 of 2024
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi)
W.P.No.394 of 2024
10.01.2024
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1 issue framed by the court
Whether to issue a writ of mandamus for the appointment of an Advocate Commissioner to survey disputed land.
S. Selvi
V. Saravanam
A. Palani
R. Nagarajan
R. Sarala
Muthulakshmi
Sanjay V. Gangapurwala
D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
