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M.Raghuramarajan vs The Tahsildar on 30 September, 2010

Madras High Court
M.Raghuramarajan vs The Tahsildar on 30 September, 2010
       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 30/09/2010

CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN

Writ Petition(MD)No.7692 of 2010
and
M.P.(MD)No. 1 of 2010

M.Raghuramarajan					.. Petitioner

Versus

1.The Tahsildar,
  Madurai South Taluk,
  Madurai.

2.The Taluk Surveyor,
  Madurai South Taluk,
  Madurai.

3.Muthu Irulayee					.. Respondents

Prayer

Petition filed under Article 226 of the Constitution of India, praying
for the issuance of a Writ of Mandamus, forbearing the respondents 1 and 2 from
conducting the survey and fixing the boundaries of the land in Survey No.62/7 in
Viraganur Village, Madurai, without following the procedure established under
law.

!For petitioner		... M/s.G.Prabhu Rajadurai
^For respondents 1 and 2... Mr.K.M.Vijayakumar
			    Special Government Pleader
For respondent 3	... M/s.M.V.Venkataseshan

:ORDER

Heard Mr.G.Prabhu Rajadurai, the learned counsel appearing on behalf of
the petitioner, Mr.K.M.Vijayakumar, the learned Special Government Pleader
appearing on behalf of the respondents 1 and 2, as well as Mr.M.V.Venkataseshan,
the learned counsel appearing on behalf of the third respondent.

2. At this stage of the hearing of the writ petition, the learned counsel
appearing on behalf of the third respondent had submitted that a civil suit, in
O.S.No.197 of 2008, is pending on the file of the Taluk Munsif Court, Madurai,
after it had been restored. Both the petitioner, as well as the third
respondent are parties therein. He had also submitted that the petitioner, as
well as the third respondent could work out their remedies before the Taluk
Munsif Court, Madurai, in O.S.No.197 of 2008.

3. In view of the submissions made by the learned counsel appearing on
behalf of the third respondent, since, no further orders are necessary in the
present writ petition, the writ petition stands closed. However, it would be
open to the petitioner, as well as the third respondent, to work out their
remedies before the Taluk Munsif Court, Madurai, in O.S.No.197 of 2008.
Consequently, connected miscellaneous petition is closed. No costs.

srm

To

1.The Tahsildar,
Madurai South Taluk,
Madurai.

2.The Taluk Surveyor,
Madurai South Taluk,
Madurai.

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