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Madras High CourtWP(MD)/16409/2023disposed of

Karupayammal v. The Thasildar

2024-12-11Honourable Mrs Justice N. Mala8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/12/2024

CORAM

THE HONOURABLE MRS. JUSTICE N.MALA Karupayammal ... Petitioner Vs.

1. The Thasildar, Kayathar Taluk, Thoothukudi District.

2. The Assistant Director of La, Nd and Survey, Thoothukudi Street, Thoothukudi.

3. The Head Surveyor, Kayathar Taluk, Thoothukudi District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus by directing the 1st respondent to survey and demarcate the petitioner land being an extent of 8.15 cents out of the total extent of 40.75 cents comprised in Re-Survey No.80/2, Patta No.1043, and being an extent of 66 cents out of total extent of 3.31 Acres comprised in Re-Survey No.80/8, Patta No.1043 of Nagampatti Village, Kayathar Taluk, Thoothukudi District based on the petitioner survey application dated 07.10.2020 made to the 1st respondent.

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For Petitioner : Mr.V.Angusamy For Respondents : Mr.R.Ragavendran Government Advocate

ORDER

This Writ Petition is filed for issuance of writ of mandamus directing the first respondent to survey and to demarcate the petitioner's land to an extent of 8.15 cents out of the total extent of 40.75 cents comprised in Re-Survey No.80/2, 66 cents in Re-Survey No.80/8, Patta No.1043 of Nagampatti Village, Kayathar Taluk, Thoothukudi District based on the petitioner's survey application dated 07.10.2020 to the first respondent.

2. The property was settled by the husband of the petitioner vide a settlement deed dated 07.09.2017. Patta for the said land was issued in Patta No.1043. The petitioner filed an application on 07.10.2020, to the respondents along with necessary fee for survey and for demarcation of the boundaries of the lands. As the respondents did not process the petitioner's application, the petitioner submitted a representation dated 19.05.2023 in the grievance camp. Even thereafter, no action was taken. 2/8

Therefore, the petitioner filed the above writ petition for the aforesaid relief.

3. This Court in W.P(MD)No.12676 of 2024, dated 14.06.2024 issued certain directions for considering the application for survey and fixing the boundary. Following the said order, the following directions are issued:

(I) The petitioner is directed to submit his / her application in on-line mode. The survey authority will scrutinize if the application submitted by the petitioner is in order. Patta need not be in the name of the applicant. If patta is in the name of the vendor and mutation has not been effected, still the application can be considered. (II) The petitioner will have to enclose all the relevant documents such as patta. The applicant must have individual patta in his / her name. If he / she is having joint patta, copattadars must give their consent for conducting survey. (III) The survey authority will issue notice to the writ petitioner as well as the adjacent land owners and also to the 3/8

interested persons, if any.

(IV) Enquiry shall be held. During enquiry, objections raised by the adjacent land owners / interested persons shall be considered.

(V) 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. (VI) It is open to the parties to serve memo of instructions to the surveyor at the time of conducting survey. The same will be borne in mind. While it cannot be binding on the surveyor, the same will be taken note of. (VII) 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. (VIII) If required, the survey authority is empowered to 4/8

seek aid of the jurisdictional police and the jurisdictional police are mandated to grant police protection. (IX) It is made clear that at the end of the survey exercise, survey stones alone can be installed. The exercise of survey and demarcation undertaken pursuant to the direction of this Court can never result in dispossession of any party. If the petitioner wants to put up fencing and if there is any objection from any private party, fencing can be put up only after the petitioner obtains decree from the jurisdictional Civil Court. (X) The survey authority will conclude the entire exercise one way or the other as per seniority of application after service of notice on the interested persons. (XI) A copy of the survey report along with sketch will be served on the parties.

6. With the aforesaid directions, the Writ Petition stands disposed of. No costs.

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11.12.2024 CM TO

1. The Thasildar, Kayathar Taluk, Thoothukudi District.

2. The Assistant Director of La, Nd and Survey, Thoothukudi Street, Thoothukudi.

3. The Head Surveyor, Kayathar Taluk, Thoothukudi District.

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N.MALA,J CM

ORDER

IN WP(MD) No.16409 of 2023 Date : 11/12/2024 7/8

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