Mohammed Kuthubudeen v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Mohammed Kuthubudeen ... Petitioner Vs.
1.The Tahsildar, Office of Taluk Office, Rameshwaram Taluk, Rameshwaram District.
2.The Surveyor, (*)Office of Surveyor office, Rameshwaram (*)Taluk, 3.The Superintendent of Police, Office of the Superintendent of Police, 4.The Inspector of Police, Pamban Police Station, 5.Arul Father.SesuJayaraj ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to survey and measure the petitioner property comprised in Survey No. 978/1 measuring an extent of 0.36.00 Ares situated at Pamban Village, Pamban Group, Rameshwaram 1/6
Taluk, Ramanathapuram District and consequently 3rd and 4th respondents herein to provide adequate police protection to property on the basis of the consider the petitioner's representation dated 19.03.2024 within the time stipulated by this Court. For Petitioner :
Mr.J.Vishnu For Respondents:
Mr.T.Villavan Kothai Additional Government Pleader for R.1 & R.2 Mr.A.Albert James Government Advocate (Criminal Side) for R.3 & 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.
2.This writ petition is disposed of at the admission stage itself. It is open to any aggrieved party to move this Court either by way of review or recall of this order, if there is any suppression of material facts by the petitioner. 3.The Writ Petition is disposed of with the following directions:- 2/6
(I) The petitioner is directed to submit his / her application in online mode. The survey authority will scrutinize if the application submitted by the petitioner is in order.
(II) The petitioner will have to enclose all the relevant documents such as patta. The applicant must have individual patta in his / her name. If he / she is having joint patta, co-pattadars must give their consent for conducting survey.
(III) 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. (IV) Enquiry shall be held. During enquiry, objections raised by the adjacent land owners / interested persons shall be considered. (V) 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. (VI) It is open to the parties to serve memo of instructions to the surveyor at the time of conducting survey. The same will be borne in 3/6
mind. While it cannot be binding on the surveyor, the same will be taken note of.
(VII) 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.
(VIII) If required, the survey authority is empowered to seek aid of the jurisdictional police and the jurisdictional police are mandated to grant police protection.
(IX) 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.
(X) The survey authority will conclude the entire exercise one way or the other within a period of six weeks after service of notice on the interested persons.
4/6
(XI) A copy of the survey report along with sketch will be served on the parties. No costs.
Sd/- Assistant Registrar(CO) (*)Amended as per order of this Court in WMP(MD) No.19251 of 2024 in WP(MD) No.7759 of 2024 dated 19.02.2025.
Sd/- Assistant Registrar( P& A ) // True Copy // /02/2025 Sub Assistant Registrar (CS- I/ II / III / IV) MGA (*)To be substituted to the order already despatched on 31.05.2024. To 1.The Tahsildar, Office of Taluk Office, Rameshwaram Taluk, Rameshwaram District.
2.The Surveyor, (*)Office of Surveyor office, Rameshwaram (*)Taluk, 3.The Superintendent of Police, Office of the Superintendent of Police, 5/6
4.The Inspector of Police, Pamban Police Station, 5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.J.VISHNU, Advocate ( SR-17221[F] dated 01/04/2024 ) (*)+1 CC to M/s.SPL.GP ( SR-11407[F] dated 21/02/2025) 27.03.2024 MK/03.05.2024 6P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 KVL (21.02.2025) 6P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6