Alagarsamy. R v. The Tahsildar

1 W.P.(MD)NO.14995 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.14995 of 2022 R. Alagarsamy ... Petitioner Vs.

1. The Tahsildar Dindigul East Taluk, Dindigul.

2. The Taluk Head Surveyor, Tahsildar Office, Dindigul East Taluk, Dindigul.

3. P. Raju ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents No 1 and 2 to survey the petitioner's lands in S.F. Nos. 360/1A, 360/2A, 360/2B, 360/3, 360/4, 360/5, 362/1A, 360/1B, 360/2B which are situated in Thottanuthu Village Dindigul East Taluk, Dindigul District and consequently directing to fix four boundaries on the basis of the petitioner's representation dated 27.06.2022 within the time frame fixed by this Court.

For Petitioner : Mr.S.Krishnan For R-1 & R-2 : Mr.K.Balasubramani, Special Government Pleader.

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2 W.P.(MD)NO.14995 OF 2022

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 2/4

3 W.P.(MD)NO.14995 OF 2022 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 PMU To:

1. The Tahsildar Dindigul East Taluk, Dindigul.

2. The Taluk Head Surveyor, Tahsildar Office, Dindigul East Taluk, Dindigul.

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4 W.P.(MD)NO.14995 OF 2022 G.R.SWAMINATHAN,J.

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