Disposed

Kumar.v v. The District Collector

Madras HC30 Nov 2023WP(MD)/28303/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition at the admission stage. The Court directed the survey authority to conduct a survey and demarcation of the petitioner's land within six weeks, stipulating that only survey stones be installed, no fencing be erected by police aid, and no dispossession occur. The Court mandated notice to adjacent owners and noted that objections

What did the court decide?

Directiooon to survey authorities to complete survey and demarcation of patta land within six weeks by installing survey stones only, prohibiting fencing and dispossession, and mandating notice to int

Kumar.v Vs The District Collector — Civil Procedure and Limitation | Madras HC (2023)

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W.P(MD)No.28303 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 30.11.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.28303 of 2023

V.Kumar

... Petitioner

Vs.

1.The District Collector, Madurai,

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Madurai District.

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2.The Tahsildar, Tahsildar Office East, Madurai District.

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3.The Special Tahsildar, Special Tahsildar Office (Unit – II), Schedule Tribe and Schedule Caste Welfare Department,

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District Collector Complex, Madurai, Madurai District.

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4.The Head Surveyor, Tahsildar Office East, Madurai District.

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W.P(MD)No.28303 of 2023

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5.The Deputy Surveyor, Tahsildar Office East, Madurai District.

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6.The Surveyor, Special Tahsildar Office (Unit – II), Schedule Tribe and Schedule Caste Welfare Department, District Collector Complex, Madurai, Madurai 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, directing the respondents 2 to 6 to survey and fix the boundary of the free patta land issued to petitioner situated in Survey No.126/10 having extent of 2 cents at Arumbanoor II Bit, Madurai East Taluk, Madurai District based on the proceedings issued by the third respondent in Na.Ka.No.45/2022/Aa dated 21.02.2023 and based on petitioner last representation dated 11.10.2023 within stipulated time framed by this Court.

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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

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W.P(MD)No.28303 of 2023

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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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W.P(MD)No.28303 of 2023

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

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raised 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 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

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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

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seek aid of the jurisdictional police and the jurisdictional

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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 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 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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30.11.2023

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NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA

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W.P(MD)No.28303 of 2023

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1.The District Collector, Madurai, Madurai District.

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2.The Tahsildar, Tahsildar Office East, Madurai District.

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3.The Special Tahsildar, Special Tahsildar Office (Unit – II), Schedule Tribe and Schedule Caste Welfare Department,

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District Collector Complex, Madurai, Madurai District.

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4.The Head Surveyor, Tahsildar Office East, Madurai District.

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5.The Deputy Surveyor, Tahsildar Office East, Madurai District.

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6.The Surveyor, Special Tahsildar Office (Unit – II), Schedule Tribe and Schedule Caste Welfare Department,

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District Collector Complex, Madurai, Madurai District.

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W.P(MD)No.28303 of 2023

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G.R.SWAMINATHAN, J.

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MGA

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W.P(MD)No.28303 of 2023

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30.11.2023

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

Kumar.v v. The District Collector

Case brief

What is this about?

What did the court decide?

Kumar.v v. The District Collector

Case brief

What is this about?

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