C.Ramachandran, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.24198 of 2017 C.Ramachandran ... Petitioner Vs 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai South Taluk, Madurai District.

3.K.Bose ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the second respondent to stop the survey in the land in Survey No.57/9, Viraganur Village, Madurai South Taluk, Madurai District by considering the petitioner's representation, dated 17.12.2017 within a period as stipulated by this Court. For Petitioner : Mr.M.Solaisamy For Respondents : Mr.M.Sarangan Additional Government Pleader for R.1 & R.2 1/4

ORDER

The third respondent has applied to the jurisdictional authority for conducting survey of the petition mentioned lands and for demarcation of the boundaries. To forebear the authorities from conducting survey, 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 objector is unable to obtain any injunction order, the survey can very well go on.

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(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.

No costs.

18.08.2022 Index : Yes / No Internet : Yes/ No mga To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai South Taluk, Madurai District.

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G.R.SWAMINATHAN, J.

mga W.P.(MD)No.24198 of 2017 18.08.2022 4/4