Abbaskani v. The Tahsildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2024

CORAM

THE HON'BLE MRS.JUSTICE N.MALA W.P(MD)No.27092 of 2024 Abbaskani

...Petitioner

Vs.

1.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

2.The Taluk Surveyor, Kadaladi Taluk, Ramanathapuram District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of Constitution of India to issue a writ of mandamus to direct the respondents to conduct survey and measurement in respect of the land in Survey No.160/1B1D Iruveli Village, Kadaladi Taluk, Ramanathapuram District and to issue survey report to the petitioner within a time frame by this Court. For Petitioner : Mr.K.Navaneetharaja For Respondents : Mr. R.Ragavendran Government Advocate (Crl.side)

ORDER

This Writ Petition is filed for issuance of writ of mandamus to direct the respondents to conduct survey and measurement in respect of the land in Survey No.160/1B1D Iruveli Village, Kadaladi Taluk, 1/6

Ramanathapuram District and to issue survey report to the petitioner within a time frame by this Court.

2. The subject property in S.No.160/1B1D in Iruveli Village, Kadaladi Taluk, Ramanathapuram District to an extent of 0-3.50 ares was acquired by the petitioner through his ancestors. The petitioner obtained patta in Patta No.1008, in his name. The petitioner on 18.07.2024 submitted an application to the respondent along with requisite fee for survey of his land. As no action was taken on the petitioner's application, the petitioner has filed the above Writ Petition for the aforesaid relief. 3.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. It is open to any aggrieved party to move this Court either by way of review or recall of this order, if there is any suppression of material facts by the petitioner. 4.This Court in W.P(MD)No.12676 of 2024, dated 14.06.2024 issued certain directions for considering the application for survey and fixing the boundary. Following the said order, the following directions are issued:

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(I) The petitioner is directed to submit his / her application in on-line mode. The survey authority will scrutinize if the application submitted by the petitioner is in order. Patta need not be in the name of the applicant. If patta is in the name of the vendor and mutation has not been effected, still the application can be considered. (II) The petitioner will have to enclose all the relevant documents such as patta. The applicant must have individual patta in his / her name. If he / she is having joint patta, copattadars must give their consent for conducting survey. (III) 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.

(IV) Enquiry shall be held. During enquiry, objections raised by the adjacent land owners / interested persons shall be considered.

(V) 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 3/6

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. (VI) It is open to the parties to serve memo of instructions to the surveyor at the time of conducting survey. The same will be borne in mind. While it cannot be binding on the surveyor, the same will be taken note of. (VII) 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. (VIII) If required, the survey authority is empowered to seek aid of the jurisdictional police and the jurisdictional police are mandated to grant police protection.

(IX) 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.

Court.

(X) The survey authority will conclude the entire exercise one way or the other within a period of six weeks after service of notice on the interested persons. (XI) A copy of the survey report along with sketch will be served on the parties.

5. With the aforesaid directions, the Writ Petition stands disposed of. No costs.

14.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No CM To, 1.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

2.The Taluk Surveyor, Kadaladi Taluk, Ramanathapuram District.

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N.MALA ,J.

CM W.P(MD)No.27092 of 2024 14.11.2024 6/6