Chitra v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2022

CORAM

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

1.The Tahsildar, Tahsildar Office, Usilampatti, Madurai District.

2.The Village Administrative Officer, Merkilarpatti Village, Usilampatti Taluk, Madurai District.

3.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

4.Kasamal 5.Selvam 6.Mokkayan 7.Tamilselvi 8.Murugan ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent nos 1 and 2 to survey the land and fix the boundaries in survey no. 67/8 and the properties are situated at Keeripatti village, Usilampatti Union, Madurai District based on the representation dated 21.09.2021 consequently direct the respondent no.3 to give police protection while the respondent Nos. 1 and 2 survey the land.

For Petitioner : Mr.J.Senthil Kumar For R1 to R3 : Mr.M.Sarangan Additional Government Pleader For R4 to R8 : Mr.V.Pandiyan

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. 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.

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(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.

(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.

No costs.

18.08.2022 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

rmi To 1.The Tahsildar, Tahsildar Office, Usilampatti, Madurai District.

2.The Village Administrative Officer, Merkilarpatti Village, Usilampatti Taluk, Madurai District.

3.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

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