Allowed

Ramar v. The District Collector

Madras HC6 Jan 2023WP(MD)/390/2023

Case brief

AI extract

What is this about?

Single judge Benches of Madras High Court issued directions to the survey authority regarding boundary demarcation disputes. Directions mandate notice, enquiry, objection handling, and specific procedures to prevent dispossession while allowing police aid.

What did the court decide?

Directions issued for conduct of survey, notice to parties, enquiry of objections, police protection, and prohibition of fencing during survey.

Ramar Vs The District Collector — Land Acquisition | Madras HC (2023)

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1 W.P.(MD)NO.390 OF 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 06.01.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD)No.390 of 2023

Ramar

... Petitioner

Vs.

The District Collector, Collectorate, Tenkasi,Tenkasi District.

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The Tahsildar, Sankarankovil Taluk, Tenkasi District.

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The Head Surveyor, Sankarankovil Taluk, Tenkasi District.

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The Inspector of Police, Taluk police station, Sankarankovil, Tenkasi District. ... Respondents

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Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3^rd respondent to conduct Survey in the petitioner's punjai old Survey No.564B (8), (New Natham Land in Survey No. 938/2C, 2D, 2E and 2A (part)) to an extent of 15 cents of Nedunkulam Village, Old Ward No.3, (New Ward No.5), Ramanathapuram Panchayat, South Sankarankovil, Sankarankovil Taluk, Tenkasi District, based on considering his representation dated 29.10.2022.

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

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2 W.P.(MD)NO.390 OF 2023

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For Petitioner : Mr.V.Muthuvelan For R-1 to R-3 : Mr.M.Lingadurai, Special Government Pleader. For R-4 : Mr. B.Thanga Aravindh, Government Advocate (Crl. Side). * * *

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O R D E R

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The petitioner has applied to the jurisdictional authority

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

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(I) The survey authority will issue notice to the

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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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3 W.P.(MD)NO.390 OF 2023

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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

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4 W.P.(MD)NO.390 OF 2023

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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.

06.01.2023

NCS : Yes / No Index : Yes / No Internet : Yes / No PMU

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To:

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The District Collector, Collectorate, Tenkasi,Tenkasi District.

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The Tahsildar, Sankarankovil Taluk, Tenkasi District.

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The Head Surveyor, Sankarankovil Taluk, Tenkasi District.

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The Inspector of Police, Taluk police station, Sankarankovil, Tenkasi District.

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

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5 W.P.(MD)NO.390 OF 2023

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G.R.SWAMINATHAN,J.

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PMU

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W.P.(MD)No.390 of 2023

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06.01.2023

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

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Ramar v. The District Collector

Case brief

What is this about?

What did the court decide?

Ramar v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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