S.Andavar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2024
CORAM
THE HONOURABLE MRS.JUSTICE N.MALA S.Andavar ... Petitioner Vs.
1.The District Collector, Theni District, Theni.
2.The Tahsildar, Uthamapalayam, Theni District.
3.The Taluk Surveyor, Uthamapalayam, Theni District.
4.The Inspector of Police, Chinnamanur Police Station, Theni District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 and 3 to measure and demarcate the petitioner's properties in S.No.361/1 and 361/3A situated at Kutchanur Village, Chinnamanur Sub Division, Theni District, by considering his representation, dated 16.10.2024 and also direct to give adequate police protection by the fourth respondent during the survey. 1/7
For Petitioner : Mr.C.Susikumar For R1 to R3 : Mr.R.Ragavendran Government Advocate For R4 : Mr.K.Gnana Sekaran Government Advocate (Crl.Side)
O R D E R
The writ petition has been filed for a direction to the respondents 2 and 3 to measure and demarcate the petitioner's properties in S.No.361/1 and 361/3A at Kutchanur Village, Chinnamanur Sub Division, Theni District, by considering his representation, dated 16.10.2024, with the help of police protection.
2. The petitioner purchased two items of property in S.No.361/1 and 361/3A at Kutchanur Village, Chinnamanur Sub Division, Theni District, under registered sale deed in Document No.2837 of 2017. From the date of purchase, the petitioner was in peaceful possession and enjoyment of the property without any hindrance. The petitioner was also issued joint patta for the subject property. In order to fix the four boundaries of his lands, the petitioner submitted an online application on 07.01.2022 for survey and demarcation of the property and he has also paid the necessary fee for the same, but no survey 2/7
was conducted. The petitioner again submitted an application on 09.10.2024 along with requisite fee. As no action was taken on both applications, the petitioner submitted a representation on 16.10.2024, requesting the respondents to survey and fix the boundaries of the subject lands. Even after the receipt of the representation, the respondents did not initiate any action and so the petitioner filed the writ petition for the aforesaid relief.
3. If any person is aggrieved by this order, it is open to them to move this Court either by way of review or recall of this order, if there is any suppression of material facts by the petitioner.
4. This Court in W.P(MD)No.12676 of 2024, dated 14.06.2024 issued certain directions for considering the application for survey and fixing of boundary. Following the said order, the following directions are issued: (I) The petitioner is directed to submit his / her application in online mode. The survey authority will scrutinize if the application submitted by the petitioner is in order. Patta need not be in the name of the applicant. If patta is in the name of the vendor and mutation has not been effected, still the application can be considered.
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(II) The petitioner will have to enclose all the relevant documents such as patta. The applicant must have individual patta in his / her name. If he / she is having joint patta, co-pattadars must give their consent for conducting survey.
(III) 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.
(IV) Enquiry shall be held. During enquiry, objections raised by the adjacent land owners / interested persons shall be considered. (V) 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.
(VI) It is open to the parties to serve memo of instructions to the surveyor at the time of conducting survey. The same will be borne in mind. While it cannot be binding on the surveyor, the same will be taken note of.
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(VII) 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. (VIII) If required, the survey authority is empowered to seek aid of the jurisdictional police and the jurisdictional police are mandated to grant police protection.
(IX) 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. If the petitioner wants to put up fencing and if there is any objection from any private party, fencing can be put up only after the petitioner obtains decree from the jurisdictional Civil Court. (X) The survey authority will conclude the entire exercise one way or the other within a period of 12 weeks after service of notice on the interested persons.
(XI) A copy of the survey report along with sketch will be served on the parties. No costs.
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5. With the aforesaid directions, the writ petition stands disposed of. No costs.
05.12.2024 NCC:yes/no Index:yes/no Internet:yes/no SN To:
1.The District Collector, Theni District, Theni.
2.The Tahsildar, Uthamapalayam, Theni District.
3.The Taluk Surveyor, Uthamapalayam, Theni District.
4.The Inspector of Police, Chinnamanur Police Station, Theni District.
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N.MALA, J.
SN 05.12.2024 7/7