Kumar v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2025
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA Kumar ...
Petitioner -vs1 The Commissioner, Kadayanallur Municipality, Tenkasi District.
2 The Head Surveyor, Kadayanallur Taluk, Tenkasi District.
3 Abubakkar
4. Tahsildar, Kadayanallur Taluk, Tenkasi District.
...
Respondents (Respondent No.4 is suo motu impleaded vide order of the Court, dated 10.01.2025 in Writ Petition) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents 1 and 2 to measure, fix four boundaries, and to erect boundary stones, by surveying
the house site properties in Survey No.323/2 with an extent of 1349.25 sq.feet, 942.5 sq.feet and 1036.8 sq. feet, situated at Puliyamukku Street, Street No.5 at Ward No.30, Kadayanallur Municipality, by following the provisions of the Tamil Nadu Survey and Boundaries Act, 1923. For Petitioner :
Mr.D.Venkatesh For Respondent 1 : Mr.J.Parekh Kumar For Respondent 2 & 4 : Mr.R.Raghavendran, Govt. Advocate (Civil Side).
ORDER
The petitioner has filed this Writ Petition for issuance of a writ of mandamus, directing the respondents 1 and 2 to measure, fix four boundaries, and to erect boundary stones, by surveying the house site properties in Survey No.323/2 with an extent of 1349.25 sq.feet, 942.5 sq.feet and 1036.8 sq. feet, situated at Puliyamukku Street, Street No.5 at Ward No. 30, Kadayanallur Municipality, by following the provisions of the Tamil Nadu Survey and Boundaries Act, 1923.
2. It is seen that the petitioner purchased the subject properties on 05.04.2018 and his name was entered as joint pattadar in the extract of
Town Survey Land Register. On 05.08.2024, the petitioner submitted an application to the first respondent along with necessary fee survey of the properties. According to the petitioner, survey notice was served on the third respondent. Thereafter, as no action was taken by the respondents, the petitioner 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 as per seniority of applications 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.
10.01.2025 NCC :
Yes / No (2/2) Index :
Yes / No Internet :
Yes / No dixit To:
1 The Commissioner, Kadayanallur Municipality, Tenkasi District.
2 The Head Surveyor, Kadayanallur Taluk, Tenkasi District.
3. Tahsildar, Kadayanallur Taluk, Tenkasi District.
N.MALA, J.
dixit (2/2) 10.01.2025