S. Chithra v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2025
CORAM
THE HON'BLE MRS. JUSTICE N.MALA S.Chithra ... Petitioner Vs.
1.The Tahsildar, Thiruppathur Taluk Office, Sivagangai District.
2.The Firka Surveyor, Ilaiyathankudi South, Thiruppathur Taluk Office, Sivagangai District.
3.The Inspector of Police, Keelasevalpatti Police Station, Sivagangai District.
4.Alagappan 5.Chinnakalai 6.Shanmugam 7.Alagusundaram ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of a Writ of Mandamus directing the first to third Page No. 1 of 7
respondents to survey the petitioner's land in Survey No.176/1 in Patta No.3778 with an extent of 1 Acre 61 Cents situated at eastern and northern side in Sendhani Vayal, Kallaapettai Village, Ilyathankudi South Revenue Group, Thiruppathur Taluk, Sivagangai District along with police protection on the basis of the petitioner's application dated 30.11.2024.
For Petitioner : Mr.R.Sivalingam For R1 & R2 : Mr.M.Muthumanikkam Government Advocate (Civil Side) For R3 : Mr.K.Gnanasekaran Government Advocate (Crl. Side)
O R D E R
This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus directing the first to third respondents to survey the petitioner's land in Survey No.176/1, Patta No. 3778, measuring an extent of 1 Acre 61 Cents, situated at the eastern and northern sides of Sendhani Vayal, Kallaapettai Village, Ilyathankudi South Revenue Group, Thiruppathur Taluk, Sivagangai District, along with police protection, in accordance with the petitioner's application dated 30.11.2024.
2. The petitioner is the owner of the subject land, having purchased the same under a registered Sale Deed dated 13.02.2023, and is in Page No. 2 of 7
possession and enjoyment of the same. Due to certain disturbances caused by the fourth to seventh respondents, the petitioner applied for the survey and demarcation of the aforementioned land, along with the necessary fees, on 10.05.2024. However, as no action was taken on the petitioner's application, a representation was submitted by the petitioner on 30.11.2024. Despite this, no action was taken. Therefore, the petitioner filed the present Writ Petition seeking for the aforementioned relief.
3. With the consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
4. This Court, by an order dated 14.06.2024 in W.P.(MD) No.12676 of 2024, issued certain directions for considering the application for survey and fixing of boundaries. Following the said order, the same directions are issued in this Writ Petition also, which are as follows: i. The petitioner is directed to submit her application in online 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.
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ii. The petitioner will have to enclose all the relevant documents such as patta. The applicant must have individual patta in her name. If he 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 the 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 her Page No. 4 of 7
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 12 (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 aforesaid directions, the writ petition stands disposed of. No costs.
10.01.2025 Index: Yes/ No Speaking Order / Non-Speaking Order JEN Copy To:
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1.The Tahsildar, Thiruppathur Taluk Office, Sivagangai District.
2.The Firka Surveyor, Ilaiyathankudi South, Thiruppathur Taluk Office, Sivagangai District.
3.The Inspector of Police, Keelasevalpatti Police Station, Sivagangai District.
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N.MALA , J.
JEN 10.01.2025 Page No. 7 of 7