Madras High Court
Kanagaselvi vs The District Collector on 23 November, 2023
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.P.(MD)NO.27720 OF 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.11.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.27720 of 2023
Kanagaselvi ... Petitioner
Vs.
1. The District Collector,
O/o.the District Collector,
Tenkasi,
Tenkasi District.
2. The Superintendent of Police,
O/o.the Superintendent of Police,
Ilathur, Tenkasi,
Tenkasi District.
3. The District Revenue Officer,
O/o.District Revenue Officer,
Tenkasi,
Tenkasi District.
4. The Tahsildar,
O/o.the Tahsildar,
Sivagiri,
Sivagiri Taluk,
Tenkasi District.
5. The Inspector of Police,
O/o.The Inspector of Police,
Vasudevanallur police station,
Vasudevanallur,
Tenkasi District.
6. Selva Sivapackkiyam
7. U.Santhi ... Respondents
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1/6
2 W.P.(MD)NO.27720 OF 2023
Prayer: Writ petition filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, direction
the respondents 1, 3 and 4 to survey the lands of the
petitioner in survey Nos.202/1 and 202/7B located at
Ramanathapuram Village, Sivagiri Taluk, Tenkasi District and
also direct the respondents 2 and 5 to give adequate police
protection in surveying the petitioner's land by restraining
respondent No.6 from trespassing the petitioner's property
based on the petitioner's representation on 21.10.2023 as per
settlement deed in document No.325/2008 along with
judgment and degree in O.S.No.59/2008 before the Additional
District Court, Tirunelveli, Fast Track Court No.1, Tirunelveli
within the stipulated time.
For Petitioner : Mr.S.Lenin Kumar
For R-1,R-3&R-4 : Mr.M.Prakash,
Additional Government Pleader.
For R-4 & R-5 : Mr.A.Albert James,
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.
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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
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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
NCS : Yes / No
Index : Yes / No
Internet : Yes/ No
PMU
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G.R.SWAMINATHAN,J.
PMU
To:
1. The District Collector,
O/o.the District Collector,
Tenkasi,
Tenkasi District.
2. The Superintendent of Police,
O/o.the Superintendent of Police,
Ilathur, Tenkasi,
Tenkasi District.
3. The District Revenue Officer,
O/o.District Revenue Officer,
Tenkasi,
Tenkasi District.
4. The Tahsildar,
O/o.the Tahsildar,
Sivagiri,
Sivagiri Taluk,
Tenkasi District.
5. The Inspector of Police,
O/o.The Inspector of Police,
Vasudevanallur police station,
Vasudevanallur,
Tenkasi District.
23.11.2023
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