Sevagan.D v. The Tahsildar
1 W.P.(MD)NO.20048 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1826 of 2022 D.Sevagan ... Petitioner Vs.
1.The Tahsildar, Taluk Office, Thiruppuvanam Taluk, Sivagangai District.
2.The Firka Surveyor, Taluk Office, Thiruppuvanam Taluk, Sivagangai.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to survey and demarcate the petitioner's lands comprised in Survey Nos.34/1, an extent of 1 Acre 72 Cents, 10/2, an extent of 82 Cents, 33/3, an extent of 85 Cents and 38/2, an extent of 89 Cents and in total 4 Acres 30 Cents, in Patta No.71 standing in the name of the petitioners father late.Duraisamy Moopan, S/o.
Muthukaruppan at T.Karisalkulam village, Thiruppuvanam Tk., Sivagangai District, by considering the petitioner's representation dated 30.11.2021, submitted to the respondents.
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2 W.P.(MD)NO.20048 OF 2022 For Petitioner : Mr.R.Murugan For Respondents : Mr.M.Sarangan Addl Government Pleader.
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O R D E R
Heard the learned counsel on either side.
2.The petitioner has applied to the jurisdictional authority for conducting survey and sub-dividing 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.
3.The learned counsel appearing for the writ petitioner makes a declaration that he would confine his relief to survey and demarcation alone. As regards, sub-divisioning, he would agitate the said issue later based on the result of the survey.
4. Liberty is granted to the writ petitioner. 2/5
3 W.P.(MD)NO.20048 OF 2022 5.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.
(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.
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4 W.P.(MD)NO.20048 OF 2022 (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. (VII) A copy of the survey report will be served on the parties also.
No costs.
29.08.2022 Index : Yes / No Internet : Yes/ No PMU/skm To:
1.The Tahsildar, Taluk Office, Thiruppuvanam Taluk, Sivagangai District.
2.The Firka Surveyor, Taluk Office, Thiruppuvanam Taluk, Sivagangai.
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5 W.P.(MD)NO.20048 OF 2022 G.R.SWAMINATHAN,J.
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