Helanida v. The District Collector

1 W.P.(MD)NO.342 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.342 of 2023 Helan Ida ... Petitioner Vs.

1. The District Collector, Kanyakumari District at Nagercoil.

2. The District Revenue Officer, Padmanabhapuram, Kanyakumari District.

3. The Tahsildar, Kalkulam Taluk, Kanyakumari District.

4. The Surveyor, Kalkulam Taluk, Kanyakumari District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey the petitioner's property and fix boundary stones in respect of Survey No.119/6B to an extent of 0.02.25 Hectares situated at Kothanallur Village, Kalkulam Taluk, Kanyakumari District, on the basis of the petitioner's representation dated 06.12.2022, within a time frame to be stipulated by this Court.

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2 W.P.(MD)NO.342 OF 2023 For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.A.K.Manikkam, Special Government Pleader.

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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.

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3 W.P.(MD)NO.342 OF 2023 (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 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 3/5

4 W.P.(MD)NO.342 OF 2023 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. (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 District Collector, Kanyakumari District at Nagercoil.

2. The District Revenue Officer, Padmanabhapuram, Kanyakumari District.

3. The Tahsildar, Kalkulam Taluk, Kanyakumari District.

4. The Surveyor, Kalkulam Taluk, Kanyakumari District.

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5 W.P.(MD)NO.342 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.342 of 2023 06.01.2023 5/5