Sakthivel v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Sakthivel ... Petitioner Vs.

1.Tahsildar, 2.The Firka Surveyor, Tharagampatti Firka, 3.The Village Administrative Officer, Mullipadi Village, 4.The Inspector of Police, Balaviduthi Police Station, 5.Chandrasekar 6.Karunamoorthy ... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 3 to measure, fix four boundaries and to erect boundary stones by surveying the properties in Survey Nos.599/1B1 & 599/1C2 situated at Mullippadi Village, Kadavoor Taluk, Karur District by holding enquiry as per Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 in compliance with the notice dated 15.02.2023 issued by the first respondent. For Petitioner : Mr.D.Venkatesh For Respondents : Mr.M.Siddharthan Additional Government Pleader for R1 to R3 : Mr.B.Thanga Aravind Government Advocate (Crl.side) for R4 : Mr.K.Balamurugan for R5 & R6

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 2/6

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 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 3/6

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.

01.03.2023 Index : Yes / No Internet : Yes/ No rmi To 1.Tahsildar, 2.The Firka Surveyor, Tharagampatti Firka, 4/6

3.The Village Administrative Officer, Mullipadi Village, 4.The Inspector of Police, Balaviduthi Police Station, 5/6

G.R.SWAMINATHAN, J.

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