Petchimuthu .V v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Petchimuthu ... Petitioner Vs.
1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Tahsildar, Kayathar Taluk, Kayathar, Thoothukudi District.
3.The Taluk Surveyor, Kayathar Taluk, Kayathar, Thoothukudi District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the the 2nd and 3rd respondents to survey the petitioner's property comprised in Survey Nos.183/1A, 183/1B and 183/1C (Patta Nos.1842 and 1207) situated at Ayyanaruthu Village, Kayathar Taluk, Thoothukudi District and to 1/6
demarcate the four boundaries and thereby mutate and issue separate patta by considering the petitioner's application dated 16.05.2023 in accordance with law within the time stipulated by this Court. For Petitioner : Mr.M.Kaliraj For Respondents : Mr.C.Satheesh Government Advocate
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.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.
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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. 3/6
(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. 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.
(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.
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(XI) A copy of the survey report along with sketch will be served on the parties. No costs.
22.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Tahsildar, Kayathar Taluk, Kayathar, Thoothukudi District.
3.The Taluk Surveyor, Kayathar Taluk, Kayathar, Thoothukudi District.
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G.R.SWAMINATHAN, J.
MGA 22.12.2023 6/6