Tamilarasi.M v. The District Collector
1 W.P.(MD)NO.18278 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.18278 of 2022 M.Tamilarasi ... Petitioner Vs.
1. The District Collector, Madurai Collectorate, Madurai.
2. The Tahsildar, Survey and Settlement, Taluk Office, Vadipatti, Madurai District.
3. The Surveyor, O/o.The Tahsildar, Vadipatti Taluk, Madurai District.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 2 and 3 to measure and mark ' atthumal ' of the property of the petitioner in Survey No.329/2 situated at Kallivelipatti Village, Vadipatti Taluk, Madurai District. For Petitioner : Mr.K.S.Muthu For R-1 : Mr.N.Ramesh Arumugam, Government Advocate.
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2 W.P.(MD)NO.18278 OF 2022
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.
(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 2/4
3 W.P.(MD)NO.18278 OF 2022 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.
12.08.2022 Index : Yes / No Internet : Yes/ No PMU 3/4
4 W.P.(MD)NO.18278 OF 2022 G.R.SWAMINATHAN,J.
PMU To:
1. The District Collector, Madurai Collectorate, Madurai.
2. The Tahsildar, Survey and Settlement, Taluk Office, Vadipatti, Madurai District.
3. The Surveyor, O/o.The Tahsildar, Vadipatti Taluk, Madurai District.
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