Disposed

Baluchamy.P v. The Tahsildar

Madras HC1 Mar 2023WP(MD)/3812/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition by providing detailed directions for the survey of specific land parcels, including timelines, notice procedures, handling of objections, police protection, and restrictions on fencing and dispossession.

What did the court decide?

Directions issued for conducting land survey with specific safeguards, timelines, police protection, and restrictions on fencing.

Baluchamy.P Vs The Tahsildar — Property and Title | Madras HC (2023)

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W.P(MD)No.3812 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.3812 of 2023

P.Baluchamy

... Petitioner

Vs.

1.The Tahsildar, Madurai North, Madurai.

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2.The Surveyor, Madurai North Taluk, 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 second respondent to survey and fix the boundaries pertaining to the land bearing old Survey No. 7/10 and new Survey No.101/1 of the Managiri Village, Madurai North Taluk, Madurai District within a time limit fixed by this Court based on the petitioner's application dated 31.01.2023.

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For Petitioner : Mr.K.K.Samy

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For Respondents : Mr.B.Sarvanan Additional Government Pleader

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

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W.P(MD)No.3812 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. The petitioner's counsel asserts that the application given by the petitioner for conducting survey is in order.

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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 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.3812 of 2023

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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.3812 of 2023

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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.

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01.03.2023

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

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1.The Tahsildar, Madurai North, Madurai. 2.The Surveyor, Madurai North Taluk, Madurai.

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W.P(MD)No.3812 of 2023

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01.03.2023

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

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Baluchamy.P v. The Tahsildar

Case brief

What is this about?

What did the court decide?

Baluchamy.P v. The Tahsildar

Case brief

What is this about?

What did the court decide?

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