Chinnasamy v. The Thasildhar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.1960 of 2023 Chinnasamy ... Petitioner Vs.
1.The Thasildhar, Oddanchatram Taluk, Dindigul District.
2.The Firka Surveyor, Oddanchatram Taluk, Dindigul District.
3.The Sub Inspector of Police, Ambiligai Police Station, Dindigul District.
4.The Village Administrative Officer, Devathur Village, Oddanchatram Taluk, Dindigul District.
5.K.Murugesan 6.Velusamy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 1/6
4 to do a re-survey in Survey Nos.319, 320/2A and 320/3 situated at Devathur Village by following the conditions imposed by this Court in W.P.(MD) No.17286 of 2022 dated 03.08.2022 and by considering the petitioner representation dated 22.12.2022.
For Petitioner : Mr.D.Venkatesh For Respondents : Mrs.S.Jeyapriya, Government Advocate for R1 & R2.
Mr.B.Thanga Aravindh, Govt. Advocate (Crl. Side) for R3.
Mr.S.R.Sureshkumar for R6.
No appearance for R5.
ORDER
Heard the learned counsel for the petitioner, the learned Government Advocate for the respondents 1, 2 and 4, the learned Government Advocate (Crl. Side) for the third respondent and the learned counsel for the sixth respondent.
2.The sixth respondent submitted an application for conducting survey. It is stated that based on the said application, the survey was conducted. However, proper survey report has not been served on the petitioner. If the petitioner wants to conduct re-survey, the petitioner has to give a formal 2/6
application. If any such application for conducting resurvey is submitted by the petitioner, the said application shall be disposed of with the following terms:- (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. It is open to the parties to serve memo on instructions to the surveyor at the time of conducting the survey. The same will be borne in mind. While it cannot be binding on the surveyor, the same will be taken note of.
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(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 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 miscellaneous petition is closed.
01.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 4/6
To:- 1.The Thasildhar, Oddanchatram Taluk, Dindigul District.
2.The Firka Surveyor, Oddanchatram Taluk, Dindigul District.
3.The Sub Inspector of Police, Ambiligai Police Station, Dindigul District.
4.The Village Administrative Officer, Devathur Village, Oddanchatram Taluk, Dindigul District.
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G.R.SWAMINATHAN, J.
ias 01.03.2023 6/6