Veluchamy.C v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.17286 of 2022 C.Veluchamy ... Petitioner Vs.

1.The Thasildar, Dindigul District.

2.The Taluk Firka Surveyor, 3.The Sub-Inspector of Police, Ambilikkai Police Station, Ambilikkai, 4.The Village Administrative Officer, Devathur Village, Oddanchatram Village, 5.K.Murugesan ... 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 2 & 4 1/4

to conduct survey of survey Nos.319, 320/2A and 320/3 of Devathur Village, Oddanchatram.

For Petitioner : Mr.S.R.Sureshkumar 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 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 2/4

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.

03.08.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The Thasildar, Dindigul District.

2.The Taluk Firka Surveyor, 3/4

G.R.SWAMINATHAN, J.

rmi 3.The Sub-Inspector of Police, Ambilikkai Police Station, Ambilikkai, 4.The Village Administrative Officer, Devathur Village, Oddanchatram Village, W.P(MD)No.17286 of 2022 03.08.2022 4/4