Muthumani v. The Thasildar

ORDER Heard both sides.

¶2Even though the petitioner had already paid the necessary charges, since the validity period is said to expire, the petitioner is directed to remit survey charges afresh. The petitioner also makes a fresh application before the first respondent.

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.

(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. 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.

(XI) A copy of the survey report along with sketch will be served on the parties. No costs.

23.11.2023 Index : Yes / No Internet : Yes/ No rmi To

1.The Tahsildar, V.K.Puram Taluk Office, V.K.Puram Taluk, Tenkasi District.

2.The Head Surveyor, V.K.Puram Taluk Office, V.K.Puram Taluk, Tenkasi District.

3.The Inspector of Police, Uthumalai Police Station, Uthumalai, V.K.Puram Taluk, Tenkasi District.

G.R.SWAMINATHAN, J. rmi

23.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Muthumani ... Petitioner Vs. 1.The Tahsildar, V.K.Puram Taluk Office, V.K.Puram Taluk, Tenkasi District. 2.The Head Surveyor, V.K.Puram Taluk Office, V.K.Puram Taluk, Tenkasi District. 3.The Inspector of Police, Uthumalai Police Station, Uthumalai, V.K.Puram Taluk, Tenkasi District. 4.Muthulakshmi ... 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 respondents 1 to 3 to survey the petitioner's land in S.No.366/2B, S.No.366/2C1, S.No.366/3A1, S.No.396/8B and S.No.396/8C1, North Kavalakurichi Village, V.K.Puram Taluk with adequate police protection within time frame to be stipulated by this Court. For Petitioner : Mr.S.Selvakrishnan For Respondents : Mr.M.Prakash Additional Government Pleader for R1 & R2 : Mr.A.Albert James Government Advocate for R3