Allowed

C.Nambiyappan, v. the Tahsildar

Madras HC29 Jan 2024WP(MD)/4748/2018

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition filed for demarcation of land. Due to third-party objections, the survey was pending; the court directed the Survey Officer to conduct an enquiry and survey under the Tamil Nadu Survey and Boundaries Act, 1923 within four weeks. The order also mandates correction to revenue records.

What did the court decide?

Directed the Survey Officer to conduct an enquiry and survey under Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923, issue notice to adjacent land owners, and complete the survey within fo

C.Nambiyappan, Vs the Tahsildar — Land Acquisition | Madras HC (2024)

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W.P(MD)No.4748 of 2018

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 29.01.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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W.P(MD)No.4748 of 2018

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C.Nambiyappan ... Petitioner

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1.The Tahsildar, Office of the Tahsildar, Thiruvaiyaru, Thanjavur District.

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2.The District Land Surveyor, Office of the Land Survey, Thiruvaiyaru, Thanjavur District.

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3.Murugan ...Respondents

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(R3 is Impleaded Vide Court Order Dated 21.09.2020 in WMP(MD) No.4046/2019 in WP(MD) No.4748 of 2018 by DKKJ)

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to measure and demarcating the petitioner's land and property in S.No.37D/1B2 (100 sq.meter) and in S.No.

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W.P(MD)No.4748 of 2018

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37D/1B5 (100 sq.meter) situated at Vithiyanathanpettai village, Thiruvaiyaru, Thanjavur District based on available documents and consequently direct the respondents to make necessary correction to revenue records.

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For Petitioner : Ms.V.Sujatha Siddharthan For Respondents : Mr.A.Baskaran Additional Government Pleader

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O R D E R

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The petitioner has approached this Court that his application for survey of his land in S.No.37D/1B2 (100 sq.meter) and in S.No.37D/1B5 (100 sq.meter), Vithiyanathanpettai Village, Thiruvaiyaru, Thanjavur District has not been considered by the respondents so far.

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2.The learned counsel appearing for the petitioner

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submits that patta for the aforesaid property is in the name of the petitioner.

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W.P(MD)No.4748 of 2018

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3.The learned Additional Government Pleader appearing for the respondents submits that due to objections raised by third parties, the survey could not be completed.

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4.Considering the submissions made by the learned Additional Government Pleader, this writ petition is allowed with a direction to the Survey Officer to conduct an enquiry under Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 after issuing notice to the adjacent land owners and thereafter conduct the survey within a period of four weeks from the date of receipt of a copy of this order. No costs.

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29.01.2024

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

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W.P(MD)No.4748 of 2018

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1.The Tahsildar, Office of the Tahsildar, Thiruvaiyaru, Thanjavur District.

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2.The District Land Surveyor, Office of the Land Survey, Thiruvaiyaru, Thanjavur District.

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W.P(MD)No.4748 of 2018

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B.PUGALENDHI, J.

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vrn

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Order made in W.P(MD)No.4748 of 2018

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29.01.2024

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C.Nambiyappan, v. the Tahsildar

Case brief

What is this about?

What did the court decide?

C.Nambiyappan, v. the Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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