Kamaraj v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.05.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Kamaraj ... Petitioner Vs 1.The Tahsildar, Office of the Taluk Office, Pattukottai Taluk, Thanjavur District.

2.The Taluk Surveyor, Pattukottai Taluk, Thanjavur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's application dated 12.11.2021 and to survey the land and fix the boundaries the land comprised in Survey No.262/18A2 situated at Soorapallam Village, Pattukottai Taluk, Thanjavur District within a time stipulated by this Court.

For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.V.Nirmalkumar Government Advocate 1/5

ORDER

Heard the learned counsel on either side.

2. The petitioner wants the petition mentioned land to be surveyed.

3. When the matter was taken up for hearing, the learned Government Advocate submitted that survey was already done and that the petitioner was also given a copy of the survey report.

4. The stand of the petitioner is that since karuvelam trees were grown up in the land, survey was not properly done. The petitioner states that he will clear the bushes under the karuvelam trees. The petitioner can thereafter give a fresh application for conducting survey. If such application is received, it shall be disposed of in the following terms:- (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.

(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 2/5

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.

(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 3/5

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.

5. The Writ Petition is disposed of. There shall be no order as to costs.

12.05.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi/lm To 1.The Tahsildar, Office of the Taluk Office, Pattukottai Taluk, Thanjavur District.

2.The Taluk Surveyor, Pattukottai Taluk, Thanjavur District.

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G.R.SWAMINATHAN, J.

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