Freeda v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.20225 of 2022 Freeda ... Petitioner Vs.
1.The District Collector No.5CJ+8W Nagercoil, Kanyakumari District, Tamil Nadu-629001.
2.The Sub Registrar Office, Karingal Sub Registrar Chundavilai, Karingal, Kanyakumari District-629157.
3.The Government Surveyor, Killyoor, Tholayavattam (PO) Kanyakumari District-629157.
4.Florence Nirmala 5.A.Xavier ... 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 3rd Respondent to consider the representation of the petitioner dated 09.03.2022 to measure the property comprised in new Survey No.515/1A, earlier Survey No.7188 to an 1/4
extent of 5 cent 600 Sq. links exactly 226.64 sq.mt vacant plot (including rights over pathway) at Pallor Village, Marthandam Registration District, Karingal Sub-Division, Vilavancode Taluk.
For Petitioner : Mr.S.Eraskine Leo For R1 : Mr.M.Sarangan Additional Government Pleader For R2, R3, R4 & R5 : Mr.K.Selvaganesan 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. 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 2/4
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 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 rmi 3/4
G.R.SWAMINATHAN, J.
rmi To 1.The District Collector No.5CJ+8W Nagercoil, Kanyakumari District, Tamil Nadu-629001.
2.The Sub Registrar Office, Karingal Sub Registrar Chundavilai, Karingal, Kanyakumari District-629157.
3.The Government Surveyor, Killyoor, Tholayavattam (PO) Kanyakumari District-629157.
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