Anarkali.R v. The Tahsildar

1 W.P.(MD)NO.15007 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15007 of 2022 R. Anarkali ... Petitioner Vs.

1. The Tahsildar Periyakulam Taluk, Theni District.

2. The Taluk Surveyor, Periyakulam Taluk, Theni District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to demarcate the lands having an extent of 34.91 Ares, 10.68 Ares and 5.50 Ares respectively comprised in Survey Nos. 1924/1A1, 1924/1A3 and 1924/3 at Thamaraikulam Bit-II Village, Periyakulam Taluk, Theni District, on the basis of the petitioner's application dated 06.04.2022.

For Petitioner : Mr.R.Shankar Ganesh For Respondents: Mr.M.Sarangan, Additional Government Pleader.

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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.

(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 2/4

3 W.P.(MD)NO.15007 OF 2022 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 PMU To:

1. The Tahsildar Periyakulam Taluk, Theni District.

2. The Taluk Surveyor, Periyakulam Taluk, Theni District.

G.R.SWAMINATHAN,J.

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