K.Shanmugam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.No.
13956 of 2024 K.Sanmugam ... Petitioner Vs.
1. The District Collector, Erode District.
2. The Tahsildar, Tahsildar Office, Osatti Thalavadi (Taluk), Erode District.
3. Head Surveyor, Tahsildar Office, Osatti Thalavadi (Taluk), Erode District.
4. Arun ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to the second respondent to survey the land situated in Survey No.289/2A1A, Patta No.925 Asanur Village, Osatti Thalavadi (Taluk), Erode District to the extent of 0.66.23 Hectares (1 acre 50 cents) based on my representation dated 06.03.2024 within a time frame stipulated by this Hon'ble Court. For Petitioner : Mr.N.Saravanan For R1 to R3 : Mr.U.Baranidharan, Additional Government Pleader
O R D E R
Heard learned counsel for the petitioner and learned Additional Government Pleader appearing for the official respondents. Issuance of notice to the fourth respondent is dispensed with.
2. The petitioner seeks survey of the petition-mentioned property. The survey will be conducted by adhering to the following directions:-
(I) The petitioner is directed to submit his / her application in on-line mode. The survey authority will scrutinize if the application submitted by the petitioner is in order.
(II) The petitioner will have to enclose all the relevant documents such as patta. The applicant must have individual patta in his / her name. If he / she is having joint patta, co-pattadars must give their consent for conducting survey.
(III) The survey authority will issue notice to the writ petitioner as well as the adjacent land owners and also to the interested persons, if any.
(IV) Enquiry shall be held. During enquiry, objections raised by the adjacent land owners / interested persons shall be considered.
(V) If according to the jurisdictional authority, the objections are without any basis, the same shall be overruled and the objectors shall be informed accordingly. But the survey will be conducted
only after a period of six weeks so that the objector can move the concerned Court for injunction. If before the proposed date of survey, the objector is unable to obtain any injunction order, the survey can very well go on.
(VI) It is open to the parties to serve memo of instructions to the surveyor at the time of conducting survey. The same will be borne in mind. While it cannot be binding on the surveyor, the same will be taken note of.
(VII) If the jurisdictional authority finds objections to be having substance, then, he shall call upon the applicant to move the jurisdictional civil Court for agitating his rights. (VIII) If required, the survey authority is empowered to seek aid of the jurisdictional police and the jurisdictional police are mandated to grant police protection.
(IX) It is made clear that at the end of the survey exercise, survey stones alone can be installed. The exercise of survey and
demarcation undertaken pursuant to the direction of this Court can never result in dispossession of any party. If the petitioner wants to put up fencing and if there is any objection from any private party, fencing can be put up only after the petitioner obtains decree from the jurisdictional Civil Court.
(X) The survey authority will conclude the entire exercise one way or the other within a period of six weeks after service of notice on the interested persons.
(XI) A copy of the survey report along with sketch will be served on the parties.
3. The writ petition is disposed of accordingly. No costs. 22.05.2024 skr/kst Index : Yes / No Speaking order / Non-speaking order
G.R.SWAMINATHAN , J.
skr/kst To
1. The District Collector, Erode District.
2. The Tahsildar, Tahsildar Office, Osatti Thalavadi (Taluk), Erode District.
3. Head Surveyor, Tahsildar Office, Osatti Thalavadi (Taluk), Erode District.
W.P.No.
13956 of 2024 22.05.2024