Seenithai.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14318 of 2022 S.Seenithai ... Petitioner Vs 1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, 3.The Taluk Surveyor, 4.The Inspector of Police, Uthumalai Police Station, 5.L.Murugan 6.P.Kuthalingam ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the third respondent to survey the to survey the Punja land situated in S.No.86/1, New S.No.86/1A of 1/4

Marukkalangulam Village, V.K.Pudur Taluk, Tenkasi District with the help of fourth respondent on the basis of the petitioner's representation, dated 28.06.2022.

For Petitioner : Mr.M.Sankar For Respondents : Mr.M.Sarangan Additional Government Pleader for R.1 to R.4 Mr.F.X.Eugene for R.5 & R.6

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.

(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 2/4

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 mga To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, 3/4

G.R.SWAMINATHAN, J.

mga 3.The Taluk Surveyor, 4.The Inspector of Police, Uthumalai Police Station, W.P.(MD)No.14318 of 2022 18.08.2022 4/4