Kalaimani.A v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Kalaimani ... Petitioner Vs.
1.The District Collector, Trichirappalli District, Collectorate Building, Trichirappalli.
2.The Special Tahsildhar, Nagaranilavari Thittam, Manapparai Taluk, Trichirappali District.
3.The Taluk Surveyor, Manapparai Taluk, Surveyor's Office, Manapparai Town and Taluk, Trichirappalli District.
4.The Special Tahsildar (Land Acquisition), National Highways No.45, Trichirappalli-Dindigul Highways, Collectorate Building, Trichirappalli.
5.R.Ramalingam 6.P.Sivakumar 1/4
7.A.Sheela 8.Asharani 9.Selvam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to measure /survey the petitioners property in Old Survey No.491/3C2, corresponding present new Survey No.6/1 of Ward D , Block 13, Sevalur Village , Within Manapparai Town and Taluk, Trichirappalli District measuring an extent of 660 sq.ft.of land remaining with petitioner after land acquisition proceedings, within the time frame to be fixed by this Court. For Petitioner : Mr.K.S.Kathiravan For R1 to R4 : Mr.M.Prakash Additional Government Pleader
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 2/4
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 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 District Collector, Trichirappalli District, Collectorate Building, Trichirappalli.
2.The Special Tahsildhar, Nagaranilavari Thittam, Manapparai Taluk, Trichirappali District.
3.The Taluk Surveyor, Manapparai Taluk, Surveyor's Office, Manapparai Town and Taluk, Trichirappalli District.
4.The Special Tahsildar (Land Acquisition), National Highways No.45, Trichirappalli-Dindigul Highways, Collectorate Building, Trichirappalli.
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