Disposed

Rajeshwaran v. The Tahsildar

Madras HC1 Mar 2023WP(MD)/3295/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking directions for survey and demarcation of land. It issued specific directions for notice, enquiry, handling objections, police protection, and restrictions on fencing or dispossession during the process, requiring a final order within six weeks.

What did the court decide?

Directed survey authorities to issue notice, hold an enquiry, consider objections with safeguards against dispossession, seek police aid if required, and pass an order within six weeks.

Rajeshwaran Vs The Tahsildar — Land Acquisition | Madras HC (2023)

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W.P(MD)No.3295 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.03.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.3295 of 2023

Rajeshwaran

... Petitioner

Vs.

1.The Tahsildar, Uthamapalayam Taluk, Theni District.

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2.The Inspector of Land Survey, Taluk Office, Uthamapalayam Taluk, Theni District.

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3.The Firka Surveyor, Taluk Office, Uthamapalayam Taluk, Theni 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 1 to 3 to survey and demarcate the petitioner's property comprised in Survey No.974/4, to an extent of 5 Cents, Joint Patta No.3880, situated at Thevaram, Uthamapalayam Taluk, Theni District, by considering the petitioner's

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W.P(MD)No.3295 of 2023

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representation dated 26.12.2022, within the time frame that may be fixed by

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this Court.

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For Petitioner : Mr.A.Arputharaj

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For Respondents : Mr.M.Lingadurai,

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Spl. Government Pleader.

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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

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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 well go on. It is open to the parties to serve memo on 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 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

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W.P(MD)No.3295 of 2023

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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.

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01.03.2023

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NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

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To:-

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1.The Tahsildar, Uthamapalayam Taluk, Theni District.

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2.The Inspector of Land Survey, Taluk Office, Uthamapalayam Taluk, Theni District.

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3.The Firka Surveyor, Taluk Office, Uthamapalayam Taluk, Theni District.

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W.P(MD)No.3295 of 2023

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G.R.SWAMINATHAN, J.

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ias

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W.P(MD)No.3295 of 2023

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Rajeshwaran v. The Tahsildar

Case brief

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Rajeshwaran v. The Tahsildar

Case brief

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