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Madras High CourtWP(MD)/2760/2025disposed of

P.Senthilkumar v. The Tahsildar

2025-01-31Honourable Mrs Justice N. Mala7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2025

CORAM

THE HON'BLE MRS.JUSTICE N.MALA W.P(MD)No.2760 of 2025 P.Senthilkumar

...Petitioner

Vs.

1. The Tahsildar, Singampunari Taluk, Sivagangai District.

2. The Taluk Surveyor, Singampunari Taluk, Sivagangai District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the Respondents to conduct survey at petitioners land situated in old Survey No.139/1B, New Survey No.139/26 in Natham Patta No.721, Neduvayal Village, Singampunari Taluk, Sivagangai District based on petitioners application dated 25.09.2024 and representation dated 03.12.2024 within a time stipulated by this Honourable Court.

For Petitioner : Mr.T.Veerakumar For Respondents : Mr.R.Raghavendran Government Advocate

ORDER

This Writ Petition is filed for Writ of Mandamus directing the respondents to conduct survey on the petitioner's land in old Survey No. 139/1B, New Survey No.139/26 in Natham Patta No.721, Neduvayal 1/7

Village, Singampunari Taluk, Sivagangai District based on petitioner's application dated 25.09.2024 and representation dated 03.12.2024.

2. The petitioner is the owner of the subject lands. In order to safeguard the said lands, the petitioner decided to suvey and demarcate the four boundaries of the subject lands. The petitioner filed an application before the first respondent on 25.09.2024 along with necessary fees for the said purpose. The respondents did not come forward to conduct survey. The petitioner approached this Court WP(MD0No.28552 of 2024. This Court granted permission to withdraw the writ petition with liberty to file a fresh writ petition after submitting a fresh representation to the official respondents and after giving sufficient opportunity to the official respondents to consider the same. The petitioner, in pursuance of the order of this Court, submitted a representation to the respondents on 03.12.2024. Even thereafter, no action is taken. The petitioner therefore filed the above Writ Petition for the aforesaid relief.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. It is open to any aggrieved 2/7

party 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, copattadars 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.

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(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. 4/7

(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 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.

31.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No CM 5/7

To,

1. The Tahsildar, Singampunari Taluk, Sivagangai District.

2. The Taluk Surveyor, Singampunari Taluk, Sivagangai District.

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N.MALA ,J.

CM W.P(MD)No.2760 of 2025 31.01.2025 7/7