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Madras High CourtWP(MD)/29221/2023disposed of

Kaleeswari.M v. The Revenue Divisional Office

2023-12-11Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Kaleeswari ... Petitioner Vs.

1.The Revenue Divisional Office, O/o.Revenue Divisional Office, 2.The Tahsildar, Madurai East Taluk, 3.The Deputy Inspector of Survey, Madurai District, Madurai.

4.The Head Surveyor, O/o.Madurai East Taluk, 5.The Village Administrative Office, Narasingam 3rd Bit Village, Kadachanendal, Madurai East Taluk, 6.The Inspector of Police, Y.Othakadai Police Station, Y.Othakadai, Madurai - 625 107.

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7.R.Gomathi, Represented by her Power Agent, R.Ramasubramanian, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondents to consider the petitioner's application in Challan No.20230905007789 dated 05.09.2023, Challan No.2023/0123/24/000432 dated 07.12.2023 and Challan No.20231012001120 dated 12.10.2023 for surveying the property in Survey No.47/23 and 47/10 of Narasingam Bit 3 Village, Madurai and S.No.70 of Pudupatti Village, Madurai District. For Petitioner : Mr.M.Prakbhakaran For Respondents : Mr.M.Prakash, Addl. Govt. Pleader for R1 to R5.

Mr.A.Albert James, Government Advocate for R6.

ORDER

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. 2/6

2.This writ petition is disposed of at the admission stage itself. It is open to any aggrieved party 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.

3.The Writ Petition is disposed of with the following directions:- (I) The survey authority will scrutinize if the application submitted by the petitioner is in order.

(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 given 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.

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(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. (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.

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.

(X) The survey authority will conclude the entire exercise one way or the other within a period of six 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.

11.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 13.12.2023.

To:- 1.The Revenue Divisional Office, O/o.Revenue Divisional Office, 2.The Tahsildar, Madurai East Taluk, 5/6

G.R.SWAMINATHAN, J.

ias 3.The Deputy Inspector of Survey, Madurai District, Madurai.

4.The Head Surveyor, O/o.Madurai East Taluk, 5.The Village Administrative Office, Narasingam 3rd Bit Village, Kadachanendal, Madurai East Taluk, 6.The Inspector of Police, Y.Othakadai Police Station, Y.Othakadai, Madurai - 625 107.

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