Madras High Court
A.Maya Krishnan vs The Commissioner on 6 October, 2023
W.P(MD)No.24322 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.10.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.24322 of 2023
A.Maya Krishnan ... Petitioner
Vs.
1. The Commissioner,
Rajapalayam Municipality,
Virudhunagar District.
2. The Revenue Divisional Officer,
O/o.RDO Office,
Rajapalayam,
Virudhunagar District.
3. The Tahsildar,
O/o.Tahsildar Office,
Rajapalayam,
Virudhunagar District.
4. The Taluk Surveyor,
O/o.Tahsildar Office,
Rajapalayam,
Virudhunagar District.
5. The Inspector of Police,
Rajapalayam South police station,
Virudhunagar District.
6. Arumugam ... Respondents
1/7
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W.P(MD)No.24322 of 2023
Prayer : Writ Petition filed under Article 226 of the
Constitution of India, praying this Court to issue a Writ of
Mandamus, directing the 3rd and 4th respondent to consider
the petitioner's representation dated 21.07.2023 to measure
and to demarcate the boundaries of the petitioner's property
situated in Survey No.292/3 to an extent of 0.0102.0 Square
meter situates in Ward No.26, Rajapalayam Municipality,
Virudhunagar District based on the Judgment and Decree
passed in O.S.No.225 of 2007 dated 04.11.2013 within the
stipulated time frame fixed by this Court.
For Petitioner : Mr.R.Ganeshprabu
For R-1 : Mr.N.Dilip Kumar
For R-2 to R-4 : Mr.K.Balasubramani,
Special Government Pleader.
For 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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W.P(MD)No.24322 of 2023
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. If the petitioner is
having only a joint patta, he must get consent from
co-pattadars 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,
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W.P(MD)No.24322 of 2023
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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W.P(MD)No.24322 of 2023
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.
06.10.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
PMU
https://www.mhc.tn.gov.in/judis
W.P(MD)No.24322 of 2023
To:-
1. The Commissioner,
Rajapalayam Municipality,
Virudhunagar District.
2. The Revenue Divisional Officer,
O/o.RDO Office,
Rajapalayam,
Virudhunagar District.
3. The Tahsildar,
O/o.Tahsildar Office,
Rajapalayam,
Virudhunagar District.
4. The Taluk Surveyor,
O/o.Tahsildar Office,
Rajapalayam,
Virudhunagar District.
5. The Inspector of Police,
Rajapalayam South police station,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.24322 of 2023
G.R.SWAMINATHAN, J.
PMU
W.P(MD)No.24322 of 2023
06.10.2023
https://www.mhc.tn.gov.in/judis
