Esakki K v. The Thasildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Esakki ... Petitioner Vs.
The Tahsildar, Sathankulam Taluk Office, Sathankulam, Thoothukudi District.
... Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to survey the petitioner's lands in S.No.231/1A2 Pannamparai Village, Sathankulam Taluk, Tuticorin District within time to be fixed by this Court.
For Petitioner : Mr.S.Kumar For Respondent : Mr.G.V.Vairam Santhosh Additional Government Pleader 1/6
ORDER
When the matter was taken up for hearing, the learned Additional Government Pleader produced copy of the written instructions given to him. It is stated that survey was already done but objections was raised and the petitioner is refused to give any statement. The authorities therefore proposing to redo the exercise after the petitioner submits a fresh application.
2.The petitioner is permitted to file a fresh application and also remit necessary charges. Thereafter, survey will be done adhering to th following directions:
(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. 2/6
(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 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. 3/6
(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.
(XI) A copy of the survey report along with sketch will be served on the parties. No costs.
12.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 4/6
To The Tahsildar, Sathankulam Taluk Office, Sathankulam, Thoothukudi District.
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G.R.SWAMINATHAN,J.
MGA W.P.(MD)No.9102 of 2024 12.04.2024 6/6