Wilson Gnanamuthu v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.2492 of 2022 Wilson Gnanamuthu ... Petitioner Vs 1.The Commissioner, Madurai City Municipal Corporation, Madurai.
2.The Tahsildar, Thirupparankundram Taluk, Madurai District.
3.The Town Surveyor, Thirupparankundram Taluk, Madurai District.
4.The Taluk Deputy Surveyor, Thirupparankundram Taluk, Madurai District.
5.T.Balakrishnan 6.The Inspector of Police, 1/5
7.The Sub Inspector of Police, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from 2 to 4 from surveying the subject property measuring 13 Cents 146 square feet in Survey No. 72/5, Madakulam Village, Palanganatham Hamlet, now in Ramaiah Main Street, Jaihindpuram, Madurai Town without the intervention of the civil court.
For Petitioner : Mr.T.R.Jeyapalam For Respondents : Mr.K.K.Kannan Standing Counsel for R.1 Mr.N.Satheeshkumar Additional Government Pleader for R.2 to R.4 Mr.P.Ganapathi Subramanian for R.5 Mr.B.Thanga Aravindh Government Advocate (Criminal Side) for R.6 & R.7
ORDER
Heard the learned counsel on either side.
2.The fifth respondent and the petitioner herein have dispute regarding the extent of their respective properties. The fifth respondent has submitted a petition for conducting survey. The survey authority has also issued notice. 2/5
The petitioner challenges the same and wants this Court to restrain the survey authority from surveying the petition mentioned property. Whenever petitions are filed seeking survey and measurement, I invariably pass an order that at the end of the survey exercise, parties cannot be dispossessed. The object of survey exercise is only to measure and earmark a given property and nothing more. In fact, I direct that police aid cannot be used, for fencing the properties. The rights of the parties are sufficiently protected. All that the fifth respondent wants is only measurement of the property based on parent title deeds. 3.I am of the view that the survey authorities need not be restrained. Survey exercise can very well go on but the cautionary note set out above shall be borne in mind by the official respondents.
This exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 12.01.
To 1.The Commissioner, Madurai City Municipal Corporation, Madurai.
2.The Tahsildar, Thirupparankundram Taluk, Madurai District.
3.The Town Surveyor, Thirupparankundram Taluk, Madurai District.
4.The Taluk Deputy Surveyor, Thirupparankundram Taluk, Madurai District.
5.The Inspector of Police, 6.The Sub Inspector of Police, 4/5
G.R.SWAMINATHAN, J.
MGA and W.M.P(MD)No.2492 of 2022 12.01.2023 5/5