Partly allowed

Jothi v. The Commissioner of Madurai Corporation

Madras HC20 Dec 2023WP(MD)/22065/2023

Case brief

AI extract

What is this about?

The petitioner sought a writ of mandamus directing the Madurai Corporation to survey and demarcate specific land and the police to provide protection. The court disposed of the petition at the admission stage, imposing detailed conditions on the survey process, including notice periods, objection handling, and restrictions on fencing.

What did the court decide?

Petition disposed with directions for survey authority to scrutinize documents, issue notices to interested parties, allow objections, and conduct survey within six weeks with police protection but wi

Jothi Vs The Commissioner of Madurai Corporation — Land Acquisition | Madras HC (2023)

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W.P(MD)No.22065 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 20.12.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.22065 of 2023

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Jothi ... Petitioner

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Vs.

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1.The Commissioner of Madurai Corporation,

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Anna Maligai, Dr.Ambedkar Salai, Madurai.

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2.The Surveyor, Ward No.22, Zone II, Madurai Corporation, Madurai District.

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3.The Inspector of Police, Sellur Police Station, Madurai. ... 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 the 1st and 2nd respondents to survey and demarcate the land comprised in Survey No. 93/7 to an extent of 715 Sq Ft out of 6 cents situated in Ward No. 22, Aruldosspuram, Tathaneri, Madurai and also direct the 3rd respondent to provide adequate police protection at the time of surveying the land.

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For Petitioner : Mr.R.Murugan

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For Respondents : Mr.F.Deepak for R1 & R2 : Mr.A.Albert James Government Advocate for R3

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

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W.P(MD)No.22065 of 2023

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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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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.

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3.The Writ Petition is disposed of with the following directions:-

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(I) The survey authority will scrutinize if the application submitted by the petitioner is in order.

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(II) The petitioner will have to enclose all the relevant documents such as patta. The applicant must have individual patta in his / her name. If he / she is having joint patta, co-pattadars must given their consent for conducting survey.

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(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.

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(IV) Enquiry shall be held. During enquiry, objections raised

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W.P(MD)No.22065 of 2023

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by the adjacent land owners / interested persons shall be considered.

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(V) 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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(VI) It is open to the parties to serve memo of instructions to

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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.

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(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.

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(VIII) 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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(IX) It is made clear that at the end of the survey exercise, survey stones alone can be installed. The exercise of survey and

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W.P(MD)No.22065 of 2023

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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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(X) The survey authority will conclude the entire exercise one

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way or the other within a period of six weeks after service of notice on the interested persons.

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(XI) A copy of the survey report along with sketch will be served on the parties. No costs.

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20.12.2023 Index : Yes / No Internet : Yes/ No rmi To

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The Inspector of Police, Sellur Police Station, Madurai.

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W.P(MD)No.22065 of 2023

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G.R.SWAMINATHAN, J.

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rmi

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W.P(MD)No.22065 of 2023

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20.12.2023

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Jothi v. The Commissioner of Madurai Corporation

Case brief

What is this about?

What did the court decide?

Jothi v. The Commissioner of Madurai Corporation

Case brief

What is this about?

What did the court decide?

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