T. VENNILA Vs. THE PRESIDENT AND ORS.

JUDGEMENT

(1.) BY consent, the writ petition itself is taken up for final disposal.

(2.) THE writ petition has been filed for issuance of a Certiorarified Mandamus calling for the records relating to the impugned order of the 1st respondent dated 02.01.2015 and quash the same and consequently forbear the respondent from interfering with the peaceful possession and enjoyment of the petitioner's property in S.No.259/3 situated at Sakkimangalam 1 bit, Karseri Panchayat, Madurai East Taluk, Madurai District till the application of the petitioner for building plan approval is considered by the respondents 1 & 2 herein.

(3.) WHEN the matter was taken up for admission, the learned counsel for the petitioner submitted that if survey is conducted along with surveyor and if it is found to be a pathway owned by the Government or Panchayat, the petitioner is ready to demolish the building. On the undertaking given by the petitioner, this Court issued a direction to the respondents to survey the property in question in the presence of the petitioner on 28.01.2015 at 10.00 a.m.