Allowed

Kaleeswari v. The Tahsildar

Madras HC30 Oct 2024WP(MD)/26312/2024

Case brief

AI extract

What is this about?

Writ petition seeking mandamus to survey and demarcate land in Survey No.1518/2B, Keezhaneelithanallur Village. Court allowed the petition, directing notice to adverse parties Marimuthu and Chellammal, hearing objections before survey, relegation to Civil Court if objections genuine.

What did the court decide?

Survey and demarcation directed with notice to Marimuthu and Chellammal; objections to be heard; completion within two months. No costs.

Kaleeswari Vs The Tahsildar — Property and Title | Madras HC (2024)

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W.P.(MD) No.26312 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 30.10.2024

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CORAM:

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THE HONOURABLE MS.JUSTICE P.T.ASHA

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W.P.(MD) No.26312 of 2024

Kaleeswari

.. Petitioner

Vs.

1.The Tahsildar, Sankarankovil Taluk, Tenkasi District.

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2.The Taluk Surveyor, Sankarankovil Taluk, Tenkasi District.

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3.The Inspector of Police, Panavadalichatram Police Station, Tenkasi District. .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 and 2 to survey and demarcate the property in Survey No.1518/2B situated in Keezhaneelithanallur Village, Sankarankovil Taluk, Tenkasi District measuring 0.4.00 hectare, with the aid of the 3^rd respondent, within the time frame fixed by this Court.

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_________Page 1 of 5

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

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W.P.(MD) No.26312 of 2024

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For Petitioner	:	Mr.R.J.Karthick
For R1 & R2	:	Mr.P.Thambidurai Government Advocate
For R3	:	Mr.K.Gnanasekaran Government Advocate(Crl.Side)

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ORDER

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This writ petition is filed for a mandamus to direct the respondents 1 and 2 to survey and demarcate the property in Survey No.1518/2B situated in Keezhaneelithanallur Village, Sankarankovil Taluk, Tenkasi District measuring 0.4.00 hectare, with the aid of the 3^rd respondent.

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It is seen that there is a suit in O.S.No.272 of 2015 for declaration and injunction filed by the petitioner's mother and two others against one Marimuthu and Chellammal who are not made parties in this writ petition. An ex parte decree has been passed against the said Marimuthu and Chellammal. This writ petition is filed to survey and demarcate the property described comprised in Survey No.1518/2B measuring an extent of 0.4.00 hectare in Keezhaneelithanallur Village, Sankarankovil Taluk, Tenkasi District.

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_________Page 2 of 5

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

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W.P.(MD) No.26312 of 2024

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In view of the above, this Court passes the following order:

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(i) Notice shall be issued to Marimuthu and Chellammal

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before the survey is conducted and their objection shall be heard and thereafter, orders shall be passed.

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(ii) If there are genuine objections, survey shall not be proceeded with and party shall be relegated to the Civil Court. If the objections are not reasonable or valid, the survey shall be proceeded with.

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(iii) The said exercise shall be completed within a period of two (2) months from the date of receipt of copy of this order.

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With the above directions, this Writ Petition stands allowed. No

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costs.

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30.10.2024

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

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gbg

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_________Page 3 of 5

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

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W.P.(MD) No.26312 of 2024

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1.The Tahsildar, Sankarankovil Taluk, Tenkasi District.

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2.The Taluk Surveyor, Sankarankovil Taluk, Tenkasi District.

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3.The Inspector of Police, Panavadalichatram Police Station, Tenkasi District.

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Page 4 of 5

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

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W.P.(MD) No.26312 of 2024

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P.T.ASHA, J.

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gbg

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W.P.(MD) No.26312 of 2024

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30.10.2024

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

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_________Page 5 of 5

Kaleeswari v. The Tahsildar

Case brief

What is this about?

What did the court decide?

Kaleeswari v. The Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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