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Madras High CourtWP(MD)/18024/2020disposed of

Muthupandi v. The District Collector

2020-12-09Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.18024 of 2020 Muthupandi ... Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, V.K.Pudur Taluk, Tenkasi District.

3.The Taluk Surveyor, V.K.Pudur Taluk, Tenkasi District.

4.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

5.Kuttidurai 6.Ayyasamy 7.Gomathi Thevar 8.Muthupandi ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the third respondent to survey the land in S.No.161/10 to an extent of 3 cents of Vakakku Kavalakurichi Village, V.K.Pudur Taluk, Tenkasi District, on the basis of the petitioner's representation dated 02.11.2020. For Petitioner : Mr.M.Sankar For Respondents 1 to 4 : Mr.M.Pandiya Rajan Additional Government Pleader

ORDER

The petitioner has come forward with this Writ Petition, seeking a direction to the third respondent to survey the land in S.No.161/10 to an extent of 3 cents of Vakakku Kavalakurich Village, V.K.Pudur Taluk, Tenkasi District, on the basis of the petitioner's representation, dated 02.11.2020.

2. Mr.M.Pandiya Rajan, learned Additional Government Pleader accepts notice on behalf of the respondents 1 to 4. Since no adverse order is going to be passed against the respondents 5 to 8, 1/3

notice to them is dispensed with.

3. The case of the petitioner is that the petitioner purchased the property situated in S.No.161/10 to an extent of 3 cents of Vakakku Kavalakurichi Village, V.K.Pudur Taluk, Tenkasi District, from one Subramanian. The said Subramanian sold the said property after getting decree in his favour, in O.S.No.441 of 2010. From the day onwards, the petitioner is in possession and enjoyment of the said property. In the meantime, the respondents 5 to 8 are unlawfully entering into the petitioner's property and trying to encroach the same and also Seethamade life threat to him. Hence, the petitioner made a complaint before the 4th respondent and for the said complaint, CSR has been filed by the fourth respondent. The petitioner has already paid necessary fee for surveying the said land and to fix four boundaries, no action was taken by the third respondent. Therefore, the petitioner made a representation dated 02-11-2020 to the Respondents 1 to 3 in this regard. However, the same has not been considered so far. In such circumstances, the petitioner has approached this Court.

4. This Court without going into the merits of the case and without passing any adverse orders to the respondents 5 to 8, directs the third respondent to survey the property of the petitioner, after affording opportunity to the petitioner, the respondents 5 to 8 as well as the interested parties or the persons, who are likely to be affected. In case of issuance of patta, survey needs to be conducted and the said survey shall be photographed and videographed in the presence of the petitioner and the costs of Photograph and Videograph to be borne by the petitioner. Such an exercise shall be completed, within a period of three (3) months from the date of receipt of a copy of this order. At the time of conducting survey and in case of issuance of patta, the guidelines issued by this Court in W.P.(MD)No.13465 of 2020, dated 13.10.2020 and W.P.

(MD)Nos.7746 of 2020 etc., batch dated 23.09.2020, have to be scrupulously followed. In case any Civil Suit is already pending, there is no need for measuring the land in question, as it is for the Civil Court to decide the matter. After the order of this Court any suit is filed, the officials hands are not tied to carry out the directions mentioned in the aforesaid two orders, as there is a possibility of one or other party to move the Court later and to stall the proceedings before the revenue authorities. Only exception is if an interim order operates against the authorities.

5. If the persons like the present petitioner, who are seeking to survey the land do not disclose the other persons, who are interested, they must file an affidavit that there are no third parties involved in the issue concerned and also there are no interested parties. In case, at a later point of time if the fact came to light that there is any interested parties, the decision taken by the authority in favour of the petitioner will stand 2/3

automatically cancelled. Further, the averments made in the affidavit shall be reflected in their order so that the officer will not face any problem at a later point of time. More over, for filing a false affidavit, if appropriate action is taken, the person concerned will have to face imprisonment rather than fine.

6. Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Tenkasi District,Tenkasi.

2.The Tahsildar, V.K.Pudur Taluk,Tenkasi District.

3.The Taluk Surveyor, V.K.Pudur Taluk,Tenkasi District.

4.The Inspector of Police, Uthumalai Police Station,Tenkasi District.

+1 CC to Government Pleader SR.No.24900.

W.P.(MD)No.18024 of 2020 09.12.2020 (MK)CO AP(06/01/2021) 3P 6C 3/3