ORDER

The Writ Petition has been filed challenging the survey notice issued by the second resondent seeking to survey the lands in S.F.No.

172/2, Kalvellipatti Village, Madurai.

2. The learned Counsel appearing for the writ petitioner would submit that he has already filed a suit in O.S.No.1764 of 2023 for declaration and permanent injunction restraining the third respondent herien from interfering with the petitioner's peaceful possession and enjoyment of the petitioner.

3. Pending the said suit, the third respondent sought for survey of the land and fix boundaries. In pursuant to the said application, the first respondent has sent a notice to the petitioner, the petitioner has objected to the said survey to be conducted. However, yet again over ruling the objections of the petitioner, the first respondent again issued a notice on 19.09.2024, mentioning that survey of the land in S.F.No.172/2 will be conducted on 15.11.2024. This notice is under challenge in the present writ petition.

4. The learned Counsel appearing for the petitioner having heavy reliance on the decision of the W.A.(MD).No.1806 of 2023 dated

13.10.2023, where, the Division Bench held as follows :

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