Ramu.M v. The Thasildhar

1 W.P.(MD)NO.700 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.700 of 2023 M.Ramu ... Petitioner Vs.

1. The Tahsildar, Thiruchuli Taluk, Virudhunagar District.

2. The Taluk Surveyor, Thiruchuli Taluk, Virudhunagar District.

3. Dhanasekaran ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey the petitioner's land comprised in Survey No.92/1A total extent of 59 cents situated at Iruvarkulam sub Village, Salai Ilupaikulam Group, Thiruchuli (Taluk), Virudhunagar District and fix four boundaries within the time limit that may be stipulated by this Court based on his representation dated 03.09.2021. For Petitioner : Mr.D.Selvanayagam For R-1 & R-2 : Mr.M.Siddharthan, Additional Government Pleader.

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2 W.P.(MD)NO.700 OF 2023

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 third respondent 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.

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.

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3 W.P.(MD)NO.700 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 pursuant to the direction of this Court can never result 3/5

4 W.P.(MD)NO.700 OF 2023 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.

11.01.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The Tahsildar, Thiruchuli Taluk, Virudhunagar District.

2. The Taluk Surveyor, Thiruchuli Taluk, Virudhunagar District.

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5 W.P.(MD)NO.700 OF 2023 G.R.SWAMINATHAN,J.

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