K.Manivizhi v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2025
CORAM
THE HON'BLE MRS. JUSTICE N.MALA K.Manvizhi ... Petitioner Vs.
1.The Tahsildar, Thottiyam Taluk, Trichy District.
2.The Taluk Surveyor, Thottiyam Taluk, Trichy District.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of a Writ of Mandamus directing the respondents to take necessary steps to survey and demarcate the petitioner's property in S.F.No.337/8B and S.F.No.337/7 to the total extent of 245.14 sq.m. situated at Kaikatti Maratheru, Thottiyam Village, Thottiyam Taluk, Trichy District, based on the petitioner's application dated 05.11.2024 by considering the petitioner's representation dated 21.12.2024 within a stipulated time in accordance with law.
For Petitioner : Mr.M.Maruthupandian Page No. 1 of 7
For R1 : Mr.A.Kannan Additional Government Pleader *****
O R D E R
This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus directing the respondents to take necessary steps to survey and demarcate the petitioner's properties in S.F.No.337/8B and S.F.No. 337/7, measuring a total extent of 245.14 sq.m., situated at Kaikatti Maratheru, Thottiyam Village, Thottiyam Taluk, Trichy District, based on the petitioner's application dated 05.11.2024 and representation dated 21.12.2024, within a time frame stipulated by this Court.
2. With the consent of both parties, this writ petition is taken up for final hearing at the admission stage itself.
3. The petitioner purchased the property in S.F.No.337/8B, measuring an extent of 45.14 sq.m., under the registered Sale Deed dated 09.08.2023 bearing Document No.3690/2023, and acquired the property in S.F.No.337/7, measuring an extent of 200 sq.m., from her husband Page No. 2 of 7
under the registered Settlement Deed dated 29.02.2024 bearing Document No.1085/2024. Both properties are situated at Kaikatti Maratheru, Thottiyam Village, Thottiyam Taluk, Trichy District.
4. The petitioner and her family members are in possession and enjoyment of the aforesaid properties. All revenue records stand in the name of the petitioner. The petitioner was issued with pattas for the aforesaid properties under Patta Nos.2190 and 549.
5. Since the petitioner's possession and enjoyment were attempted to be disturbed by the adjacent landowner, the petitioner decided to survey and fix the boundaries. The petitioner, therefore, made an online application on 05.11.2024 along with the necessary fees for the survey and demarcation of the boundaries of the properties. Since no action has been taken, the petitioner sent a representation dated 21.12.2024, to the respondents. Even thereafter, no action has been taken. Therefore, the petitioner has filed this Writ Petition for the aforesaid relief.
6. This Court, by an order dated 14.06.2024 in W.P.(MD) No. 12676 of 2024, issued certain directions for considering the application Page No. 3 of 7
for survey and fixing of boundaries. Following the said order, the same directions are issued in this Writ Petition also, which are as follows: i. The petitioner is directed to submit her application in online mode. The survey authority will scrutinize if the application submitted by the petitioner is in order. Patta need not be in the name of the applicant. If patta is in the name of the vendor and mutation has not been effected, still the application can be considered.
ii. The petitioner will have to enclose all the relevant documents such as patta. The applicant must have individual patta in her name. If he 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 the 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 Page No. 4 of 7
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 her 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 12 (twelve) weeks from the date of receipt of a copy of this order, after service of notice on the interested persons. xi. A copy of the survey report along with sketch will be served on the parties.
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7. With the aforesaid directions, this Writ Petition stands disposed of. No costs.
08.01.2025 Index: Yes/ No Speaking Order / Non-Speaking Order JEN Copy To:
1.The Tahsildar, Thottiyam Taluk, Trichy District.
2.The Taluk Surveyor, Thottiyam Taluk, Trichy District.
Page No. 6 of 7
N.MALA , J.
JEN 08.01.2025 Page No. 7 of 7