Thangaraj.A v. The Thasildar

1 W.P.(MD)NO.411 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.411 of 2023 A.Thangaraj ... Petitioner Vs.

1. The Tahsildar, Kumbakonam Taluk, Thanjavur District.

2. The Head Surveyor, Kumbakonam Taluk, Thanjavur District.

3. The Surveyor, Valaiyapettai Village, Kumbakonam Taluk, Thanjavur District.

4. The Revenue Inspector, Kumbakonam Taluk, Thanjavur District.

5. The Village Administrative Officer, Valaiyapettai Village, Kumbakonam Taluk, Thanjavur District.

6. Masilamani

7. Tamil Selvi ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent Nos.1 to 5 to conduct survey and file a report with regard to the petitioner's land situated in No. 197/21D, Valaiyapettai Village, Kumbakonam Taluk, Thanjavur District 1/6

2 W.P.(MD)NO.411 OF 2023 and total extent is 1972 1⁄2 Sq.feet and Patta No.10775, by following the principles of natural justice, within the stipulated time may be fixed by this Court, considering the petitioner's representation dated 06.06.2022. For Petitioner : Mr.A.Thangaraj, Party-in-Person.

For R-1 to R-5 : Mr.B.Saravanan, Additional Government Pleader.

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O R D E R

Heard the learned counsel on either side.

2. Considering the nature of relief to be granted, issuance of notice to the private respondents is dispensed with.

3. 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.

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3 W.P.(MD)NO.411 OF 2023

4. 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 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.

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4 W.P.(MD)NO.411 OF 2023 (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. (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 4/6

5 W.P.(MD)NO.411 OF 2023 To:

1. The Tahsildar, Kumbakonam Taluk, Thanjavur District.

2. The Head Surveyor, Kumbakonam Taluk, Thanjavur District.

3. The Surveyor, Valaiyapettai Village, Kumbakonam Taluk, Thanjavur District.

4. The Revenue Inspector, Kumbakonam Taluk, Thanjavur District.

5. The Village Administrative Officer, Valaiyapettai Village, Kumbakonam Taluk, Thanjavur District.

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6 W.P.(MD)NO.411 OF 2023 G.R.SWAMINATHAN,J.

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