Allowed

K.Pandi v. The District Collector

Madras HC1 Sept 2022WP(MD)/3551/2020

Case brief

AI extract

What is this about?

The Madras HighCourt issued directions to the jurisdictional survey authority to survey and demarcate the petitioner's land boundaries, ensuring notices are sent, objections are considered, and no fencing is erected during the exercise to prevent dispossession. Liberty granted for sub-division later.

What did the court decide?

Directions issued to the survey authority to survey and mark the land boundaries after serving notices, considering objections, and ensuring no fencing is erected during the survey.

K.Pandi Vs The District Collector — Land Acquisition | Madras HC (2022)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.09.2022

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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WP(MD)No.3551 of 2020

K.Pandi

... Petitioner

vs.

1.The District Collector, District Collector Office, Madurai, Madurai District.

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2.The Tahsildar, Tirumangalam,

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Madurai District.

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3.The Surveyor, Surveyor Office, Tirumangalam, Madurai District.

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4.Mayadevar

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... Respondents

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(R4 impleaded vide court order dated 13.07.2020)

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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 directing the 3^rd respondent to survey and mark the four boundaries of the property situated to an extent of total 9.70 ares in Survey Nos.438/3 (5.00 ares), 438/4 (4.00 ares) and 439/1A2 (0.70 ares) in Patta No.3188 at Karadikal Village, Tirumangalam Tk, Madurai District in presence of the 2^nd respondent.

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

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For Petitioner : Mr.N.Kamesh

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For Respondents : Mr.K.Balasubramani, Special Government Pleader for R1 to R3

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Mr.R.Aravindan for R4

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ORDER

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Heard the learned counsel on either side.

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2.The petitioner has applied to the jurisdictional authority for conducting survey and sub-dividing 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.The learned counsel appearing for the writ petitioner makes a declaration that he would confine his relief to survey and demarcation alone. As regards, sub-divisioning, if any, he would agitate the said issue later based on the result of the survey.

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4.Liberty is granted to the writ petitioner. 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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https://www.mhc.tn.gov.in/judis

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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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(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.

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

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also.

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No costs.

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01.09.2022 Index : Yes / No Internet : Yes/ No skm

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

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1.The District Collector, Madurai, Madurai District.

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2.The Tahsildar, Tirumangalam, Madurai District.

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3.The Surveyor, Surveyor Office, Tirumangalam, Madurai District.

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

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G.R.SWAMINATHAN, J.

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skm

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WP(MD)No.3551 of 2020

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01.09.2022

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

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K.Pandi v. The District Collector

Case brief

What is this about?

What did the court decide?

K.Pandi v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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