Palraj Xavier v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2024
CORAM
THE HONOURABLE MRS.JUSTICE N.MALA Palraj Xavier ... Petitioner Vs.
1.The District Collector, O/o.District Collector, Tiruchirappalli District.
2.The Tahsildar, West Taluk Office, Collector Office Back Side, Tiruchirappalli District.
3.The Taluk Surveyor, O/o.The West Taluk Surveyor, Collector Office Back Side, Tiruchirappalli District.
4.Mariya Francis ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to survey and fix four boundaries of the petitioner's land in S.No.109/2, situated at Karumandabam, Jeyanagar Extension, K.Abisekapuram Village, Tiruchirappalli 1/7
District, in the light of the petitioner's application No.2024/0178/15/000083, dated 20.09.2024 within the time frame stipulated by this Court. For Petitioner : M/s.R.Sangeetha For R1 to R3 : Mr.M.Muthumanikkam Government Advocate
O R D E R
The writ petition has been filed for a direction to the third respondent to survey and fix four boundaries of the petitioner's land in S.No.109/2 at Karumandabam, Jeyanagar Extension, K.Abisekapuram Village, Tiruchirappalli District, by considering the petitioner's application, dated 20.09.2024.
2. The petitioner purchased Plot Nos.41 and 42 from one Vairathammal under sale deed, dated 28.10.1994. Thereafter, the petitioner executed a registered settlement deed, dated 26.09.2003, in favour of his wife, namely, Leela Xavier. As the fourth respondent started creating trouble over the petitioner's enjoyment and possession of the subject property, the petitioner wanted to survey his land and fix the four boundaries. The petitioner therefore made an online application on 20.09.2024 for survey and fixing of four boundaries of his land and paid the necessary charges for the same. As no action 2/7
was taken on the petitioner's application, the petitioner submitted a representation on 10.10.2024 to the respondents 2 and 3. As no action was taken by the respondents, the petitioner filed the above writ petition for the aforesaid relief.
3. With the consent of both learned counsels, this writ petition is disposed of at the admission stage itself. If any person is aggrieved by this order, it is open to them 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 of boundary. Following the said order, the following directions are issued: (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 3/7
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 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. If any suit is filed, subject to plaint being in order, it shall be numbered immediately. If any interlocutory application is filed, it shall be disposed of on merits and in accordance with law within a period of six weeks thereafter.
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(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. If the petitioner wants to put up fencing and if there is any objection from any private party, fencing can be put up only after the petitioner obtains decree from the jurisdictional Civil Court. (X) The survey authority will conclude the entire exercise one way or the other within a period of 12 weeks after service of 5/7
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.
21.11.2024 NCC:yes/no Index:yes/no Internet:yes/no SN To:
1.The District Collector, O/o.District Collector, Tiruchirappalli District.
2.The Tahsildar, West Taluk Office, Collector Office Back Side, Tiruchirappalli District.
3.The Taluk Surveyor, O/o.The West Taluk Surveyor, Collector Office Back Side, Tiruchirappalli District.
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N.MALA, J.
SN 21.11.2024 7/7