Pechiyammal v. The Tahsildar

1 W.P.(MD)NO.28809 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.28809 of 2022 Pechiyammal ... Petitioner Vs.

1. The Tahsildar, Tiruchendur Taluk Office, Thoothukudi District.

2. The Deputy Surveyor, Tiruchendur Taluk Office, Thoothukudi District.

3. Dheivaraj

4. Thangaraj ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 to survey the petitioner's land in Re-Survey No.98/6D to an extent of 04.50 Hectare situated in Semmarikulam Village, Udangudi Sub Division, Thoothukudi District within the time limit that may be situpulated by this Court.

For Petitioner : Mr.E.Johnson For R-1 & R-2 : Mr.A.K.Manikkam, Special Government Pleader.

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O R D E R

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2 W.P.(MD)NO.28809 OF 2022 Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for respondents 1 and 2.

2. Considering the nature of relief to be granted, issuance of notice to the private respondents 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.

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3 W.P.(MD)NO.28809 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 3/6

4 W.P.(MD)NO.28809 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 4/6

5 W.P.(MD)NO.28809 OF 2022 To:

1. The Tahsildar, Tiruchendur Taluk Office, Thoothukudi District.

2. The Deputy Surveyor, Tiruchendur Taluk Office, Thoothukudi District.

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6 W.P.(MD)NO.28809 OF 2022 G.R.SWAMINATHAN,J.

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