Gurunathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Gurunathan ... Petitioner Vs.

1.The District Collector, Tuticorin District, Tuticorin.

2.The Tahsildar, Kovilpatti Taluk, Tuticorin District.

3.The Surveyor, Taluk Office, Kovilpatti Taluk, Tuticorin District.

4.Murugan 5.Ravi ... 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 1 to 3 to survey the petitioner's property and fix boundary stones in respect of Survey No.230 to an extent of 2 1⁄2 cents situated at Duraisamypuram Village, Kovilpatti Taluk, Tuticorin District based on the petitioner's representation 1/4

dated 03.06.2022 within a time frame to be stipulated by this Court. For Petitioner : Mr.P.Krishnasamy For R1 to R3 : Mr.N.Ramesh Arumugam Government Advocate

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 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 2/4

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.

03.08.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Tuticorin District, Tuticorin.

2.The Tahsildar, Kovilpatti Taluk, Tuticorin District.

3.The Surveyor, Taluk Office, Kovilpatti Taluk, Tuticorin District.

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G.R.SWAMINATHAN, J.

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