Pushpam v. The Thasildar

1 W.P.(MD)NO.2128 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.2128 of 2023 Pushpam ... Petitioner Vs.

1. The Tahsildar, Taluk Office, Aruppukottai Taluk, Virudhunagar District.

2. The Taluk Surveyor, Land Survey and Records, Taluk Office, Aruppukottai, Virudhunagar District.

3. The Municipal Commissioner, Aruppukottai Municipality, Aruppukottai, Virudhunagar District.

4. The Town Surveyor, Aruppukottai Municipality, Aruppukottai, Virudhunagar District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents, particularly respondents 3 and 4 to survey of the petitioner's land bearing Town Survey Nos. 4/2 with an extent of 0.0640.0 sq.mt 4/5 with an extent of 0.04980 1/6

2 W.P.(MD)NO.2128 OF 2023 sq.mts and 4/6A with an extent of 0.8591.5 sq.mts situated at Block 1, Ward C, Periyapuliyampatti, Aruppukottai, Virudhunagar District and fixing four boundaries of that land.

For Petitioner : Mr.R.Murugappan For R-1 & R-2 : Mr.A.K.Manikkam, Special Government Pleader.

For R-3 & R-4 : Mr.N.Dilip Kumar, Standing Counsel.

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O R D E R

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.

2. 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 2/6

3 W.P.(MD)NO.2128 OF 2023 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.2128 OF 2023 (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.

02.02.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU 4/6

5 W.P.(MD)NO.2128 OF 2023 To:

1. The Tahsildar, Taluk Office, Aruppukottai Taluk, Virudhunagar District.

2. The Taluk Surveyor, Land Survey and Records, Taluk Office, Aruppukottai, Virudhunagar District.

3. The Municipal Commissioner, Aruppukottai Municipality, Aruppukottai, Virudhunagar District.

4. The Town Surveyor, Aruppukottai Municipality, Aruppukottai, Virudhunagar District.

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6 W.P.(MD)NO.2128 OF 2023 G.R.SWAMINATHAN,J.

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