Pandiyarajan P v. The Tahsildar
1 W.P.(MD)NO.28756 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.28756 of 2022 P.Pandiyarajan ... Petitioner Vs.
1. The Tahsildar, Tirumangalam Taluk, Madurai.
2. The Head Surveyor, Tirumangalam Taluk Office, Madurai.
3. The Inspector of Police, Austinpatti police station, Tirumangalam Taluk, Madurai.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to survey the petitioner's land in Survey No.36 /1B2, 36/3, 37/2G2 and 37/2E2 of Uchapatti Village, Tirumangalam Taluk, Madurai and to fix its boundaries as per revenue records by obtaining adequate police protection from the 3rd respondent police to conclude the survey in view of the 1st respondent office communication letter No.FL.No.384/2022 dated 26.10.2022 within a stipulated time as fixed by this Court.
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2 W.P.(MD)NO.28756 OF 2022 For Petitioner : Mr.J.N.Mohamed Salman Yusuf For R-1 & R-2 : Mrs.S.Jayapriya, Government Advocate.
For R-3 : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side).
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O R D E R
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 / 2/5
3 W.P.(MD)NO.28756 OF 2022 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 survey exercise, survey stones alone can be installed. The exercise of survey and demarcation undertaken 3/5
4 W.P.(MD)NO.28756 OF 2022 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, Tirumangalam Taluk, Madurai.
2. The Head Surveyor, Tirumangalam Taluk Office, Madurai.
3. The Inspector of Police, Austinpatti police station, Tirumangalam Taluk, Madurai.
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5 W.P.(MD)NO.28756 OF 2022 G.R.SWAMINATHAN,J.
PMU W.P.(MD)No.28756 of 2022 22.12.2022 5/5