Writ petition sought a mandamus restraining survey officials from conducting survey and boundary fixation on specified lands until disposal of the petitioner's partition suit. The court noted the survey had been conducted pursuant to an order confirmed by the Division Bench and dismissed the writ petition.
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W.P.(MD) No.18912 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
W.P.(MD)No.18912 of 2024 and
W.M.P(MD)No.16017 of 2024
R.Viveka
.. Petitioner
Vs.
5.K.G.Pandian .. Respondents
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W.P.(MD) No.18912 of 2024
Prayer:
Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the respondents 1 to 4 from conducting survey and fixing of boundaries in respect of the lands in S.Nos.133/5A, 133/6A, 133/7, 100/1, 41/10A, 136/1B, 41/10A1, 41/10B, 35/20B, 136/1A, 160/1, 193/4B of Kallanai Village, Allanganallur, Madurai District till the disposal of the suit filed by the petitioner for partition in O.S.No.34 of 2024 on the file of the District Court, Madurai.
For Petitioner : Mr.K.Sivakumar
For R1 – R4 : Mr.D.S.Neduncheziyan Government Pleader
ORDER
The present writ petition has been filed for a Mandamus forbearing the respondents 1 to 4 from conducting survey and fixing of boundaries in respect of the lands in S.Nos.133/5A, 133/6A, 133/7, 100/1, 41/10A, 136/1B, 41/10A1, 41/10B, 35/20B, 136/1A, 160/1, 193/4B of Kallanai Village, Allanganallur, Madurai District till the disposal of the suit filed by the petitioner for partition in O.S.No.34 of 2024 on the file of the District Court, Madurai.
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W.P.(MD) No.18912 of 2024
to the order of the learned Single Judge, which has been confirmed by the Hon'ble Division Bench of this Court in a judgment made in W.A(MD)Nos.697 and 698 of 2024, dated 10.04.2024, the petitioner cannot seek to have the survey stayed.
13.08.2024
NCC : Yes/No Index : Yes/No Internet : Yes gbg To
2.The Tahsildar, Vadipatti Taluk, Madurai District, Madurai.
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W.P.(MD) No.18912 of 2024
3.The Taluk Surveyor, Vadipatti, Vadipatti Taluk, Madurai District.
Page 4 of 5
W.P.(MD) No.18912 of 2024
P.T.ASHA, J.
gbg
W.P.(MD) No.18912 of 2024
13.08.2024
_________Page 5 of 5
1 issue framed by the court
Whether the authorities could be restrained from conducting survey and fixing boundaries pending disposal of the petitioner's partition suit.
1 provisions across 1 enactments
R.Viveka
The Revenue Divisional Officer, Madurai
The Tahsildar, Vadipatti Taluk, Madurai District
The Taluk Surveyor, Vadipatti
The Village Administrative Officer, Kallanai Village
K.G.Pandian
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
