Disposed

Sebastian v. The Tahsildar

Madras HC22 Dec 2022WP(MD)/28790/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition filed under Article 226 of the Constitution. The petitioner sought a direction to the survey authorities to conduct a survey and demarcate boundaries of his land. The High Court issued detailed directions for notice issuance, objection handling, police protection, and limitations on installing fencing during the survey process.

What did the court decide?

The survey authority directed to conduct survey, demarcate boundaries, issue notices, and pass order within six weeks of serving notice on interested persons.

Sebastian Vs The Tahsildar — Land Acquisition | Madras HC (2022)

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1 W.P.(MD)NO.28790 OF 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 22.12.2022

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD)No.28790 of 2022

Sebastian

... Petitioner

Vs.

The Tahsildar, Virudhunagar Taluk Office, Four Way Bye-pass Road, Virudhunagar, Virudhunagar District.

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The Taluk Head Surveyor, Virudhunagar Taluk Office, Four Way Bye-pass Road, Virudhunagar, Virudhunagar District.

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The Village Administrative Officer, Thammanayakkanpatti Village, Virudhunagar, Virudhunagar Taluk & District.

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A.Packiaraj ... Respondents

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Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to carryout appropriate survey, demarcate and fix the boundaries of the petitioner's land comprised in New Survey No.313/2, Old Survey

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https://www.mhc.tn.gov.in/judis

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2 W.P.(MD)NO.28790 OF 2022

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No.239/2A, Patta No.599 to an extent of 1645 square feet situated at Thammanayakkanpatti Village, Virudhunagar Taluk and District.

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For Petitioner : Mr.A.Saravanan

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For R-1 to R-3 : Mr.G.Suriyananth, Additional Government Pleader.

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O R D E R

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Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for respondents 1 to 3.

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Considering the nature of relief to be granted, issuance of notice to the fourth respondent is dispensed with.

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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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3 W.P.(MD)NO.28790 OF 2022

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The Writ Petition is disposed of with the following

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directions:-

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(I) 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.

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(II) Enquiry shall be held. During enquiry, objections raised by the adjacent land owners / interested persons shall be considered.

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(III) 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.

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(IV) 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.

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4 W.P.(MD)NO.28790 OF 2022

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(V) If required, the survey authority is empowered to seek aid of the jurisdictional police and the jurisdictional police are mandated to grant police protection.

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(VI) 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. The Survey Authority will pass order within a period of six weeks after service of notice on the interested persons.

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(VII) A copy of the survey report will be served on the parties also.

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No costs.

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22.12.2022

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Index : Yes / No Internet : Yes/ No

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PMU

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https://www.mhc.tn.gov.in/judis

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5 W.P.(MD)NO.28790 OF 2022

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To:

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The Tahsildar, Virudhunagar Taluk Office, Four Way Bye-pass Road, Virudhunagar, Virudhunagar District.

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The Taluk Head Surveyor, Virudhunagar Taluk Office, Four Way Bye-pass Road, Virudhunagar, Virudhunagar District.

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The Village Administrative Officer, Thammanayakkanpatti Village, Virudhunagar, Virudhunagar Taluk & District.

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https://www.mhc.tn.gov.in/judis

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6 W.P.(MD)NO.28790 OF 2022

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G.R.SWAMINATHAN,J.

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PMU

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W.P.(MD)No.28790 of 2022

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22.12.2022

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https://www.mhc.tn.gov.in/judis

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Sebastian v. The Tahsildar

Case brief

What is this about?

What did the court decide?

Sebastian v. The Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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