Chithra v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.28484 of 2022 Chithra ... Petitioner Vs.
1.The Tahsildar, Office of Tahsildar, Usilampatti, Madurai.
2.The Head Taluk Surveyor, Usilampatti Taluk, Usilampatti, Madurai.
3.The Inspector of Police, Usilampatti Taluk Police Station, Usilampatti, Madurai.
... 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 respondents 1 and 2 to survey and demarcate the petitioner's property as per the Settlement Deed Document No.1101 of 2022 dated 19.04.2022 comprised in Sub divided Natham Survey No.231/2D1 in Patta No.1524 to an extent of 568 square feet (0.00.52 square metre) situated at Karumathur Village in Usilampatti Taluk, Madurai District by providing necessary Police protection by the 3rd 1/4
respondent and fix the boundaries enabling the petitioner to put up a fence based on the representation date 21.11.2022 within time period stipulated by this Court.
For Petitioner : Mr.A.Sivasubramanian For Respondents : Mr.A.K.Manikkam Special Government Pleader for R1 & R2 : Mr.B.Thanga Aravindh 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.
(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 2/4
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 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.
20.12.2022 Index : Yes / No Internet : Yes/ No rmi 3/4
G.R.SWAMINATHAN, J.
rmi To 1.The Tahsildar, Office of Tahsildar, Usilampatti, Madurai.
2.The Head Taluk Surveyor, Usilampatti Taluk, Usilampatti, Madurai.
3.The Inspector of Police, Usilampatti Taluk Police Station, Usilampatti, Madurai.
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