Mutheeshwari V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Mutheeshwari ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Authoor Taluk, Authoor, Dindigul District.

3.The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

4.The Firka Surveyor, Authoor Taluk, Dindigul District.

5.The President, Thevarappanpatti Village Panchayat, Authoor Taluk, Dindigul District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent 1/6

herein to Survey and Demarcate the petitioner's landed property of an extent of 0.5.00 Ares = 12.5 Cents comprised in Survey No.930/5, situated Gandhipuram, Ayyampalayam Village, Authoor Taluk, Dindigul District with the aid of the 3rd Respondent police by considering her application dated 18.07.2022 and representation dated 09.11.2022 within the time stipulated by this Court. For Petitioner : Mr.B.Arun For Respondents : Mr.B.Saravanan, Addl. Govt. Pleader for R1, R2 & R4.

Mr.B.Thanga Aravindh, Govt. Advocate (Crl. Side) for 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.

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(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 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. The Survey 3/6

Authority will pass order within a period of six weeks after service of notice on the interested persons.

(VII) A copy of the survey report will be served on the parties also. No costs.

12.01.2023 NCS : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Authoor Taluk, Authoor, Dindigul District.

3.The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

4.The Firka Surveyor, Authoor Taluk, Dindigul District.

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G.R.SWAMINATHAN, J.

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