W.P(MD)No.14002 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.06.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.14002 of 2024
S.Pramila ... Petitioner
Vs.
1.The Tahsildar,
Rajapalayam Taluk,
Mudangiar Road,
Rajapalayam,
Virudhunagar District.
2.Kumarasamy ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to
conduct survey in the petitioner's land in Survey No. 821/2 in
Melarajakularaman Village, Rajapalayam Taluk, Virudhunagar District as per
the petitioner's application dated 13.01.2023 and based upon the reminder sent
by the petitioner dated 22.06.2024.
For Petitioner : Mr.K.K.Kannan
For Respondents : Mr.K.Balasubramani
Special Government Pleader for R1
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W.P(MD)No.14002 of 2024
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 petitioner is directed to submit his / her application in
on-line mode. 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
give their consent for conducting survey.
(III) The survey authority will issue notice to the writ
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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.
(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
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W.P(MD)No.14002 of 2024
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 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.
28.06.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
rmi
To
The Tahsildar,
Rajapalayam Taluk,
Mudangiar Road,
Rajapalayam,
Virudhunagar District.
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W.P(MD)No.14002 of 2024
G.R.SWAMINATHAN, J.
rmi
W.P(MD)No.14002 of 2024
28.06.2024
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