Prabhakran A v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Prabhakaran ... Petitioner Vs.

1.The District Revenue Officer, Kokirakulam, Tirunelveli District.

2.The Tahsildar, Manur Taluk, Tirunelveli District.

3.Kamalammal 4.T.Samuvel Nadar 5.M.Thomas 6.S.Gurupatham 7.T.Jeyaraj 8.J.N.Esther 9.Duraipandian 10.J.Kovilpillai Nadar 11.B.Ulsan Nadar 1/5

12.L.Sagariya 13.Uppathiyar 14.T.Chellathai 15.K.Pon Pandian 16.S.Subbaiah 17.M.Lorthu Rathinam 18.S.Uthirakkam 19.Savariyammal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to dispose of the petitioner's representation dated 03.03.2022 for rectifying the error during UDR in respect of Survey Nos.68/3, 139/1, 118/1, 164/4 at Nanjankulam Village, Manur Taluk, Tirunelveli District by deleting the names of the respondents 3 to 19 from the A register relating to the above survey numbers and to include the name of the petitioner and his brother in the above survey numbers.

For Petitioner : Mr.R.Pon Karthikeyan For R1 & R2 : Mr.M.Sarangan Additional Government Pleader

ORDER

The petitioner has applied to the jurisdictional authority for conducting survey of the petition mentioned lands and for demarcation of the boundaries. 2/5

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.

(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 3/5

the jurisdictional police and the jurisdictional police are mandated to grant police protection.

No costs.

24.08.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The District Revenue Officer, Kokirakulam, Tirunelveli District.

2.The Tahsildar, Manur Taluk, Tirunelveli District.

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G.R.SWAMINATHAN, J.

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