M.R.Manikam v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA M.R.Manikam ...
Petitioner -vsThe Tahsildar, Ponnamaravathy Taluk, Pudukkottai District.
...
Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondent to survey and demarcate petitioner's property in S.No.764/3, 765/3, 766/1, 767/2A, Karaiyur Revenue Village, Ponnamaravathy Taluk, Pudukkottai District, corresponding to Patta No.3644, under the Tamil Nadu Survey and Boundaries Act,1923.
For Petitioner : Mr.M.Mahaboob Athiff For Respondent : Mr.M.Muthumanikkam, Govt. Advocate.
ORDER
The petitioner has filed this Writ Petition for issuance of a writ of mandamus, directing the respondent to survey and demarcate petitioner's property in S.No.764/3, 765/3, 766/1, 767/2A, Karaiyur Revenue Village, Ponnamaravathy Taluk, Pudukkottai District, corresponding to Patta No.3644.
2. The petitioner purchased the subject property under a registered sale deed, dated 04.10.2007, and was in possession and enjoyment of the same. Patta was also mutated in his name in Patta No.3644. The petitioner intended to develop the property and, for the said purpose, applied to the respondent online on 25.11.2024 to survey, measure and demarcate the boundaries of the subject property, along with necessary fee. As no action was taken on the petitioner's application, the petitioner filed W.P.(MD) No.28832 of 2024 before this Court for the same relief. However, the said writ petition was disposed as withdrawn, with liberty to the petitioner to file a fresh writ petition, after giving sufficient time to the respondent to consider the petitioner's application. The petitioner, thereafter, made a representation to the respondent on 21.12.2024. But, no action was taken by the respondent on the said representation. The petitioner, therefore, filed the above Writ Petition for the aforesaid relief.
3. With the consent of the learned counsel on both sides, this
Writ Petition is taken up for final disposal at the admission stage itself. If any person is aggrieved by this order, it is open for him/her to move this Court either by way of review or recall of this order, if there is any suppression of material facts by the petitioner.
4. This Court, in W.P(MD)No.12676 of 2024, dated 14.06.2024, issued certain directions for considering the application for survey and fixing the boundary. Following the said order, the following directions are issued: (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. 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 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 twelve 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.
5. With the above directions, this Writ Petition is disposed of. No costs.
24.01.2025 NCC :
Yes / No (2/2) Index :
Yes / No Internet :
Yes / No dixit To:
The Tahsildar,
Ponnamaravathy Taluk, Pudukkottai District.
N.MALA, J.
dixit (2/2) 24.01.2025