Kennadi .S v. The Tahsildar

1 W.P.(MD)NO.1533 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1533 of 2023 and W.M.P.(MD)No.1405 of 2023 S.Kennadi ... Petitioner Vs.

1. The Tahsildar, Aruppukottai Taluk, Virudhunagar District.

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

3. M.Subbu Raj

4. Veerabahu ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to survey the land comprised in Survey No.107/384 having an extent of 5 cents at Pogureddipatty Village, Panthalkudi, Aruppukottai Taluk, Virudhunagar District, by considering petitioner's representation dated 16.12.2022 within the time frame fixed by this Court.

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2 W.P.(MD)NO.1533 OF 2023 For Petitioner : Mr.K.Prabhu For R-1 & R-2 : Mr.A.K.Manikkam, Special Government Pleader.

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O R D E R

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for respondents 1 and 2.

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

4. The learned counsel appearing for the writ petitioner states that he will confine his relief to survey and measurement alone. As regards the other prayers sought for, he would agitate the same later in point of time. Liberty is given to the petitioner to raise the said issue later.

5. 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 2/6

3 W.P.(MD)NO.1533 OF 2023 petition came to be filed.

6. 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.1533 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. Consequently, connected MP. is closed. 27.01.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU 4/6

5 W.P.(MD)NO.1533 OF 2023 To:

1. The Tahsildar, Aruppukottai Taluk, Virudhunagar District.

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

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6 W.P.(MD)NO.1533 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.1533 of 2023 27.01.2023 6/6