The Madras High Court dismissed a writ petition seeking a survey and boundary fixation for specific properties. The petition abated upon finding that the petitioner died without interested legal heirs to continue the proceedings.
Petition dismissed as abated with liberty to legal heirs to re-call if advised.
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.(MD)No.20057 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.11.2024
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA
W.P.(MD)No.20057 of 2016
Kaliammal 1.The Tahsildar, Oddanchatram Taluk, Dindigul District.
/Vs./
... Petitioner
2.The Taluk Sub-Inspector (Survey), Taluk Office, Oddanchatram, Dindigul District.
3.The Firka Surveyor, Chinnakkampatti Firka, Oddanchatram Taluk, Dindigul District. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to measure, to fix four boundaries and to erect boundary stones by surveying the properties in Survey Nos.117/1, 118/3B and 123/3 situated at Mandavadi Village, Oddanchatram Taluk by holding enquiry as per Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 in compliance with the notice dated 30.07.2016 in F.L.92/16 issued by the second respondent.
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W.P.(MD)No.20057 of 2016
For Petitioner : Mr.D.Venkatesh For Respondents : Mr.A.Kannan Additional Government Pleader
ORDER
This Writ Petition is filed for issuance of Writ of Mandamus
directing the respondents to measure, to fix four boundaries and to erect boundary stones by surveying the properties in Survey Nos.117/1, 118/3B and 123/3 situated at Mandavadi Village, Oddanchatram Taluk by holding enquiry as per Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 in compliance with the notice dated 30.07.2016 in F.L.92/16 issued by the second respondent.
2 . When the matter is taken up for hearing today, the learned counsel for the petitioner submits that the petitioner died as early as on 03.05.2024 and in spite of several communications sent to the legal heirs of the deceased petitioner, there is no response. The learned counsel therefore submits that it appears that the legal heirs are not interested in prosecuting the matter.
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W.P.(MD)No.20057 of 2016
3. In the light of the submissions made by the learned counsel for the petitioner, this Writ Petition is dismissed as abated with liberty to the legal heirs of the deceased petitioner to re-call the order, if they are so advised. No costs.
11.11.2024
Index : Yes / No NCC : Yes / No CM
TO:
1.The Tahsildar, Oddanchatram Taluk, Dindigul District.
2.The Taluk Sub-Inspector (Survey), Taluk Office, Oddanchatram, Dindigul District.
3.The Firka Surveyor, Chinnakkampatti Firka, Oddanchatram Taluk, Dindigul District.
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W.P.(MD)No.20057 of 2016
N.MALA, J.
CM
Order made in W.P.(MD)No.20057 of 2016
Dated: 11.11.2024
1 issue framed by the court
Whether the writ petition should be allowed or dismissed given the death of the petitioner.
2 provisions across 2 enactments
Kaliammal
The Tahsildar, Oddanchatram Taluk
The Taluk Sub-Inspector (Survey)
The Firka Surveyor, Chinnakkampatti Firka
N.Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
