Arjunan.M v. The Tahsildar,

1 W.P.(MD)NO.17618 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.17618 of 2022 M.Arjunan ... Petitioner Vs.

1. The Tahsildar, Kalayarkovil Taluk, Sivagangai District.

2. The Taluk Surveyor, Kalayarkovil Taluk, Sivagangai District.

3. The Inspector of Police, Kalayarkovil police station, Sivagangai District.

4. M.Sonaimuthu

5. S.Indirani

6. S.Dharmarajan

7. D.Muneeswari ... 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 take necessary steps to measure the land and fix the four boundaries bearing S.F.No.252/23 to an extent of 1.76.0 Ares situated at Periyakannanur Village, Kalayarkovil Taluk, Sivagangai District, belonging to the 1/4

2 W.P.(MD)NO.17618 OF 2022 petitioner with the help of the third respondent, based on the petitioner's representation dated 18.07.2022 within a stipulated time in accordance with law.

For Petitioner : Mr.G.Sarath Kumar For R-1 to R-3 : Mr.M.Sarangan, Additional Government Pleader.

* * *

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.

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3 W.P.(MD)NO.17618 OF 2022 (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 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.

05.08.2022 Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.17618 OF 2022 G.R.SWAMINATHAN,J.

PMU To:

1. The Tahsildar, Kalayarkovil Taluk, Sivagangai District.

2. The Taluk Surveyor, Kalayarkovil Taluk, Sivagangai District.

3. The Inspector of Police, Kalayarkovil police station, Sivagangai District.

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