Subramanian, S/O. Late. Poochi v. The Thasildar,
1 W.P.(MD)NO.869 OF 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.869 of 2019 Subramanian ... Petitioner Vs.
1. The Tahsildar, Thiruppuvanam Taluk Office, Thiruppuvanam, Sivagangai District.
2. The Head Surveyor, Thiruppuvanam Taluk Office, Thiruppuvanam, Sivagangai District.
3. The Inspector of Police, Thiruppatchethi police station, Sivagangai District.
4. Karuppaiah ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st and 2nd respondents to survey the petitioner's lands, bearing Survey No.133/3A, new survey No.133/3A1, situating in Tiruppachethi Village, Manamadurai Taluk, Sivagangai District and to fix its boundaries as per the revenue records by obtaining adequate police protection from the 3rd respondent police by considering the petitioner's application dated 1/6
2 W.P.(MD)NO.869 OF 2019 08.02.2018 within the time limit that may be stipulated by this Court.
For Petitioner : Mr.M.S.Jeyakarthick For R-1 to R-3 : Mr.M.Lingadurai, Special Government Pleader.
For R-4 : Mr.R.Venkatesan * * *
O R D E R
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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3 W.P.(MD)NO.869 OF 2019 (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.
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4 W.P.(MD)NO.869 OF 2019 (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.
08.12.2022 Index : Yes / No Internet : Yes/ No PMU 4/6
5 W.P.(MD)NO.869 OF 2019 To:
1. The Tahsildar, Thiruppuvanam Taluk Office, Thiruppuvanam, Sivagangai District.
2. The Head Surveyor, Thiruppuvanam Taluk Office, Thiruppuvanam, Sivagangai District.
3. The Inspector of Police, Thiruppatchethi police station, Sivagangai District.
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6 W.P.(MD)NO.869 OF 2019 G.R.SWAMINATHAN,J.
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