Jeyalakshmi v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.28242 of 2022 Jeyalakshmi ... Petitioner Vs.
1.The Revenue Divisional Officer, O/o Revenue Divisional Office, Dindigul District.
2.The Tahsildar, Booduvarpatti Taluk, Ottanchathiram, Dindigul District.
3.The Sub Inspector of Police, Saminathapuram Police Station, Palani, Dindigul District.
... 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 survey and demarcate the petitioner's property in S.No.229/4B1 in Thalaiyuthu Village, Palani Taluk, Dindigul District, by considering the petitioner's application dated 26.09.2022, and also give adequate police protection to the petitioner's land at time of survey within the time that may be stipulated by this Court.
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For Petitioner : Ms.V.Sebastinal Preethi For R1 & R2 : Mr.B.Saravanan Additional Government Pleader For R3 : Mr.R.Sivakumar Government Advocate (Crl.side)
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 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 2/4
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 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.
15.12.2022 Index : Yes / No Internet : Yes/ No rmi 3/4
G.R.SWAMINATHAN, J.
rmi To 1.The Revenue Divisional Officer, O/o Revenue Divisional Office, Dindigul District.
2.The Tahsildar, Booduvarpatti Taluk, Ottanchathiram, Dindigul District.
3.The Sub Inspector of Police, Saminathapuram Police Station, Palani, Dindigul District.
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