Abdullah.S v. The Thasildar

1 W.P.(MD)NO.210 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.210 of 2023 S. Abdullah ... Petitioner Vs.

1. The Thasildar, Manalmelkudi Taluk, Pudukottai District.

2. The Taluk Surveyor, Manalmelkudi Taluk, Manjakudi Village, Pudukottai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to survey the property to fix the four boundaries in survey nos.120/1, 120/1A to an extent of 2 acre 70 cents, which is situated at Manjakudi Village, Manalmelkudi Taluk, Pudukottai District based upon the petitioner representation dated 10.10.2022.

For Petitioner : Mr.K. Muthurakkan For Respondents: Mr.A.K. Manikkam, Special Government Pleader.

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2 W.P.(MD)NO.210 OF 2023

O R D E R

The petitioner has applied to the jurisdictional authority for conducting survey of the petition mentioned lands and for demarcation of the boundaries. Since the authority had not acted upon the petitioner's request, this writ petition came to be filed.

2. The Writ Petition is disposed of with the following directions:- (I) 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.

(II) Enquiry shall be held. During enquiry, objections raised by the adjacent land owners / interested persons shall be considered.

(III) 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 2/5

3 W.P.(MD)NO.210 OF 2023 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.

(IV) 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.

(V) If required, the survey authority is empowered to seek aid of the jurisdictional police and the jurisdictional police are mandated to grant police protection.

(VI) 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. No person shall put up fencing at the time of survey by using police aid. The Survey Authority will pass order within a period of six weeks after service of notice on the interested persons. 3/5

4 W.P.(MD)NO.210 OF 2023 (VII) A copy of the survey report will be served on the parties also.

No costs.

05.01.2023 Index : Yes / No Internet : Yes/ No PMU To:

1. The Thasildar, Manalmelkudi Taluk, Pudukottai District.

2. The Taluk Surveyor, Manalmelkudi Taluk, Manjakudi Village, Pudukottai District.

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5 W.P.(MD)NO.210 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.210 of 2023 05.01.2023 5/5