Madras High Court
C.Chandrapushpam vs The Head Surveyor on 6 June, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.P.(MD)NO.11744 OF 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.06.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.11744 of 2024
C.Chandrapushpam ... Petitioner
Vs.
1. The Head Surveyor,
Lands Survey, Taluk Office,
Thenkasi,
Thenkasi District.
2. The Tahsildar,
Thenkasi Taluk, Thenkasi District. ... Respondents
Prayer: Writ petition filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, directing the
respondents to survey and fix the boundaries of the property in survey
No.18/3B in Thimpanampatti Village, Thenkasi Taluk, Thenkasi District
by considering the application dated 16.04.2021 and the reminder
representation dated 12.06.2023 within a time frame that may be
stipulated by this Court.
For Petitioner : Mr.SC.Herold Singh
For Respondents : Mr.D.Sasikumar,
Additional Government Pleader.
***
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2 W.P.(MD)NO.11744 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.The scope of this writ petition is confined only for conducting survey. If the petitioner has sought any other reliefs, they can be agitated separately.
3. 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.
4.The Writ Petition is disposed of with the following directions:-
(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.
https://www.mhc.tn.gov.in/judis 2/6 3 W.P.(MD)NO.11744 OF 2024 (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. https://www.mhc.tn.gov.in/judis 3/6 4 W.P.(MD)NO.11744 OF 2024 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 her 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. 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. https://www.mhc.tn.gov.in/judis 4/6 5 W.P.(MD)NO.11744 OF 2024 (XI) A copy of the survey report along with sketch will be served on the parties. No costs.
06.06.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
PMU
To:
1. The Head Surveyor,
Lands Survey, Taluk Office,
Thenkasi,
Thenkasi District.
2. The Tahsildar,
Thenkasi Taluk, Thenkasi District.
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