Rakku v. The Tahsildar
1 W.P.(MD)NO.399 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.399 of 2023 Rakku ... Petitioner Vs.
1. The Tahsildar, Manamadurai Taluk, Sivagangai District.
2. The Firka Surveyor, Department of Land Survey, Manamadurai Taluk Office, Manamadurai - 630 606.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to carry out the appropriate Survey and demarcate the boundaries of the petitioner's own land in Survey No. 536/1B, (Patta No. 1290) to an extent of 0.020 Hectare, which is situated in Manamadurai Revenue Village, Manamadurai Taluk, Sivagangai District based on the petitioner's survey payment Challan application Number 20221220001601, dated 20.12.2022, within a stipulated time that may be fixed by this Court.
1/3
2 W.P.(MD)NO.399 OF 2023 For Petitioner : Mr.R.Senthilkumar For Respondents : Mr.A.K.Manikkam, Special Government Pleader.
* * *
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, 2/3
3 W.P.(MD)NO.399 OF 2023 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. (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 3/3
4 W.P.(MD)NO.399 OF 2023 Survey Authority will pass order within a period of six weeks after service of notice on the interested persons. (VII) A copy of the survey report will be served on the parties also.
No costs.
06.01.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU To:
1. The Tahsildar, Manamadurai Taluk, Sivagangai District.
2. The Firka Surveyor, Department of Land Survey, Manamadurai Taluk Office, Manamadurai - 630 606.
4/3
5 W.P.(MD)NO.399 OF 2023 G.R.SWAMINATHAN,J.
PMU W.P.(MD)No.399 of 2023 06.01.2023 5/3