Velammal v. The Tahsildar

1 W.P.(MD)NO.28804 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.28804 of 2022 Velammal ... Petitioner Vs.

1. The Tahsildar, Sankarankovil, Sankarankovil Taluk, Tenkasi District.

2. The Taluk Surveyor, Sankarankovil, Sankarankovil Taluk, Tenkasi District.

3. The Inspector of Police, Sankarankovil Police Station, Tenkasi District.

4. Muthudurai

5. Thangamalai ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus,directing the respondents 1 and 2 to survey and demarcate the petitioner's property in Survey No. 380/1A situated in Kalapakulam Village, Sankarankovil Taluk, Tenkasi District admeasuring 12.50 cents, with the aid of the 3rd respondent, within the time frame fixed by this Court.

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2 W.P.(MD)NO.28804 OF 2022 For Petitioner : Mr.RJ.Karthick For R-1 & R-2 : Mr.M.Lingadurai, Special Government Pleader.

For R-3 : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side).

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O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for respondents 1 and 2 and the learned Government Advocate appearing for the third respondent.

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.

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3 W.P.(MD)NO.28804 OF 2022

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.

(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 3/6

4 W.P.(MD)NO.28804 OF 2022 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 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.28804 OF 2022 To:

1. The Tahsildar, Sankarankovil, Sankarankovil Taluk, Tenkasi District.

2. The Taluk Surveyor, Sankarankovil, Sankarankovil Taluk, Tenkasi District.

3. The Inspector of Police, Sankarankovil Police Station, Tenkasi District.

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6 W.P.(MD)NO.28804 OF 2022 G.R.SWAMINATHAN,J.

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