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Rethinambal v. The Tahsildar

Madras HC23 Dec 2022WP(MD)/28971/2022

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court directed the Tahsildar and Circle-Sub Inspector to conduct a survey and fix boundaries for Survey Nos. 165-2A4 and 165-2A3. The court laid down detailed procedural safeguards, timelines for notice, enquiry, and report submission to ensure fair treatment during the process.

What did the court decide?

Directed respondents to conduct survey, issue notice, hold enquiry, submit report within six weeks, with specific safeguards against dispossession and fencing.

Rethinambal Vs The Tahsildar — Landlord and Tenant | Madras HC (2022)

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W.P(MD)No.28971 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 23.12.2022

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.28971 of 2022

Rethinambal

... Petitioner

1.The Tahsildar, Tahsildar Office, Alangudi Taluk, Pudukkottai District.

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2.The Circle-Sub Inspector cum Surveyor, Alangudi, Pudukkottai District. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to directing the respondents herein to conduct survey and fix boundaries in respect of the Survey Nos.165-2A4 and 165-2A3, situated at Keeramangalam North Village, Alangudi Taluk, Pudukkottai District within the time stipulated by this Court based on the petitioner's representation dated 29.09.2022 and required fees paid on 06.10.2022.

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For Petitioner : Mrs.A.Banumathy

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For Respondents : Mrs.S.Jayapriya Government Advocate

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

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W.P(MD)No.28971 of 2022

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ORDER

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The petitioner has applied to the jurisdictional authority for conducting

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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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The Writ Petition is disposed of with the following 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. It is open to the parties to serve memo of instructions to the surveyor at the time of conducting the survey. The same will be borne in mind. While it cannot be binding on the surveyor, the same

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

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W.P(MD)No.28971 of 2022

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will be taken note of.

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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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(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.

No costs.

23.12.2022

Index : Yes / No Internet : Yes/ No MGA

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

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W.P(MD)No.28971 of 2022

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G.R.SWAMINATHAN, J.

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MGA

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1.The Tahsildar, Tahsildar Office, Alangudi Taluk, Pudukkottai District.

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2.The Circle-Sub Inspector cum Surveyor, Alangudi, Pudukkottai District.

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W.P(MD)No.28971 of 2022

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23.12.2022

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

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Rethinambal v. The Tahsildar

Case brief

What is this about?

What did the court decide?

Rethinambal v. The Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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