Raja Pandi.K v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Raja Pandi ... Petitioner Vs.

1.The Tahsildar, 2.The Head Surveyor, 3.The Surveyor, 4.The State rep. By The Inspector of Police, Melur police Station, ... Respondents 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 survey, demarcate and record the boundaries of the property in Survey No. 1/6

79/3A (measuring to an extent of 14 1⁄2 cents), Navinipatti Village, Melur Taluk, Madurai District by considering the application dated 30.01.2023 and the payment of Rs.800/- that has been made through Challan No.20230130004972, dated 30.01.2023 in the light of the petitioner's representation dated 14.02.2023 as expeditiously as possible within a time stipulated as prescribed by this Court. For Petitioner : Mr.T.Arivalagan For Respondents : Mr.G.Suriyananth Additional Government Pleader for R1 to R3 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) for R4

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.

No costs.

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

3.The Surveyor, 4.The Inspector of Police, Melur police Station, 5/6

G.R.SWAMINATHAN, J.

rmi W.P(MD)No.37941 of 2023 01.03.2023 6/6