Susila .K v. The District Collector
1 W.P.(MD)NO.20052 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.20052 of 2022 K.Susila ... Petitioner Vs.
1. The District Collector, District Collectorate, Madurai.
2. The Tahsildar(North Taluk), O/o.The Tahsildar, District Collectorate, Madurai.
3. The Land Surveyor, O/o.The Land Surveyor, District Collectorate, Madurai.
4. Rajendran ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to survey the land which is comprising in Old Survey No. 36, New Survey No.66/12 in an extent of 1 cent 401 sq.ft. is situated at Melapanangadi, Vagaikulam, Madurai, as per the direction issued by the 1st respondent in his proceedings Na.Ka.Aa.No.4 dated 29.4.2022 within a time stipulated by this Court.
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2 W.P.(MD)NO.20052 OF 2022 For Petitioner : Mr.R.Vijayalakshmi For R-1 to R-3 : Mr.M.Sarangan, Additional Government Pleader.
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O R D E R
Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents.
2. Considering the nature of relief to be granted, issuance of notice to the private respondent is dispensed with.
3. 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.
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3 W.P.(MD)NO.20052 OF 2022
4. 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.
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4 W.P.(MD)NO.20052 OF 2022 (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.
(VI) 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. No person shall put up fencing at the time of survey by using police aid. (VII) A copy of the survey report will be served on the parties also.
No costs.
29.08.2022 Index : Yes / No Internet : Yes/ No PMU 4/6
5 W.P.(MD)NO.20052 OF 2022 To:
1. The District Collector, District Collectorate, Madurai.
2. The Tahsildar(North Taluk), O/o.The Tahsildar, District Collectorate, Madurai.
3. The Land Surveyor, O/o.The Land Surveyor, District Collectorate, Madurai.
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6 W.P.(MD)NO.20052 OF 2022 G.R.SWAMINATHAN,J.
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