Disposed

Susila Devi v. The Thasildar

Madras HC23 Dec 2022WP(MD)/29143/2022

Case brief

AI extract

What is this about?

The Madras High Court, Madurai Bench, directed the survey authority to survey and demarcate the petitioner’s property in Trichy District. The court mandated notice to adjacent owners, provision for objections, police protection if needed, and stated that only survey stones can be installed without causing dispossession.

What did the court decide?

Directing the respondents to survey and fix boundaries of the petitioner’s property following the specified procedure involving notice, enquiry, and police protection as necessary.

Susila Devi Vs The Thasildar — Property and Title | Madras HC (2022)

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W.P(MD)No.29143 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.29143 of 2022

Susil Devi

... Petitioner

Vs.

1.The Tahsildar, Marungapuri, Trichy District.

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2.The Head Surveyor, Marungapuri, Trichy District. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to survey and fix the boundaries of the petitioner's property in survey No.92/9 situated at Nallur village, Marungapuri taluk, Trichy District by considering petitioner's application dated 11.04.2022 within a time stipulation as prescribed by this Court.

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For Petitioner : Mr.M.Pitchai Muthu

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For Respondents : Mr.M.Lingadurai Special Government Pleader

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

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W.P(MD)No.29143 of 2022

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ORDER

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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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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

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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

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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

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

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W.P(MD)No.29143 of 2022

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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 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

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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,

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

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W.P(MD)No.29143 of 2022

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G.R.SWAMINATHAN, J.

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rmi

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

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No costs. 23.12.2022 Index : Yes / No Internet : Yes/ No rmi To

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1.The Tahsildar, Marungapuri, Trichy District. 2.The Head Surveyor, Marungapuri, Trichy District.

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W.P(MD)No.29143 of 2022

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23.12.2022

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

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Susila Devi v. The Thasildar

Case brief

What is this about?

What did the court decide?

Susila Devi v. The Thasildar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

Coram

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