Jansirani.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2022

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.18473 of 2022 K.Jansirani ... Petitioner v.

1.The District Collector, Madurai District, Madurai. 2.The Tahsildar, Madurai South Taluk, Madurai District.

3.The Surveyor, Taluk Office, Madurai South Taluk, Madurai District.

4.N.Natcharammal @ Natchiar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondents No. 1 to 3 to survey the petitioner's property and fix boundary stones in respect of Survey No.68/3 to an extent of Western Side 1 3⁄4 cents in eastern side 15 cents situated at Madakulam Village, Madurai South Taluk, Madurai District based on the petitioner's representation dated 05.04.2022 within a time frame to be stipulated by this Honble Court.

1/4

For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.K.Balasubramanian, Special Government Pleader for R1 to R3

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 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.

2/4

(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.

16.08.2022 skm To 1.The District Collector, Madurai District, Madurai. 2.The Tahsildar, Madurai South Taluk, Madurai District.

3.The Surveyor, Taluk Office, Madurai South Taluk, Madurai District.

3/4

G.R.SWAMINATHAN, J.

skm W.P(MD)No.18473 of 2022 16.08.2022 4/4