Karuppasamy V v. The Tahsildar
1 W.P.(MD)NO.28786 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.28786 of 2022 V.Karuppasamy ... Petitioner Vs.
1. The Tahsildar, O/o.The Tahsildar, Manur Taluk, Tirunelveli District.
2. The Taluk Surveyor, O/o.The District Surveyor, Manur Taluk, Tirunelveli District.
3. M.Sethu Pandian ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent Nos.1 and 2 to conduct survey and fix four boundaries of the petitioner's land in Survey No.762/2 in Patta No.810 to an extent of 60 Cents at Keela Pilayarkulam, Manur Taluk, Tirunelveli District within the time limit that may stipulated by this Court.
For Petitioner : Mr.K.Suresh Subramanian For R-1 & R-2 : Mr.B.Saravanan, Additional Government Pleader.
* * * 1/5
2 W.P.(MD)NO.28786 OF 2022
O R D E R
Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for respondents 1 and 2.
2. Considering the nature of relief to be granted, issuance of notice to the third respondent is dispensed with.
3. 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.
4. 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.
2/5
3 W.P.(MD)NO.28786 OF 2022 (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.
(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 3/5
4 W.P.(MD)NO.28786 OF 2022 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.
22.12.2022 Index : Yes / No Internet : Yes/ No PMU To:
1. The Tahsildar, O/o.The Tahsildar, Manur Taluk, Tirunelveli District.
2. The Taluk Surveyor, O/o.The District Surveyor, Manur Taluk, Tirunelveli District.
4/5
5 W.P.(MD)NO.28786 OF 2022 G.R.SWAMINATHAN,J.
PMU W.P.(MD)No.28786 of 2022 22.12.2022 5/5