Fathima Paritha Barveen v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Fathima Paritha Barveen ... Petitioner Vs 1.The District Collector, Collectorate Campus, Madurai, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tiruparamkundaram, 3.The Tahsildar, Tiruparamkundaram Taluk, 4.The Head Surveyor, Survey and Land Records Department, Tiruparamkundaram Taluk, 5.Jainul Alam ... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to survey the petitioner's land in Survey No. 110/5, to an extent of 1566 Sq. Ft., situated at Venkateswara Street, Ward No. 9, Tirunagar, Tiruparankundaram Taluk, Madurai and by considering the petitioner's representation dated 30.01.2023 within the period that may be stipulated by this Court. For Petitioner : Mr.V.Karthickraja for M/s.Ajmal Associates For Respondents : Mr.M.Lingadurai Additional Government Pleader for R.1 to R.4

ORDER

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. The petitioner's counsel asserts that the application given by the petitioner for conducting survey is in order.

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 also to the interested persons, if any.

2/6

(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 of 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.

(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.

3/6

(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.

There shall be no order as to costs.

02.03.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, Collectorate Campus, Madurai, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tiruparamkundaram, 4/6

3.The Tahsildar, Tiruparamkundaram Taluk, 4.The Head Surveyor, Survey and Land Records Department, Tiruparamkundaram Taluk, 5/6

G.R.SWAMINATHAN, J.

MGA 02.03.2023 6/6