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Santhi v. The Thasildar

Madras HC9 Jan 2023WP(MD)/453/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition seeking a writ of Mandamus for the survey and subdivision of the petitioner's property. The Court issued comprehensive directions to the Thasildar and Surveyor, mandating public notice, enquiry, and specific procedural steps, including the prohibition of fencing during the survey and the restriction to installing survey stones

What did the court decide?

Directing the Thasildar and Surveyor to conduct a survey of Survey Nos. 46-7 and 46/3A1B1 with public notice, a six-week pause for protection applications, and the installation of survey stones only.

Santhi Vs The Thasildar — Landlord and Tenant | Madras HC (2023)

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W.P(MD)No.453 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 09.01.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.453 of 2023

Santhi

... Petitioner

Vs.

1.The Thasildar, Taluk Office, Keelakarai, Keelakarai Taluk, Ramanathapuram District.

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2.The Surveyor, Office at Taluk Office of Keelakarai, Keelakarai, Keelakarai Taluk, Ramanathapuram 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 to survey and sub divide the petitioner's property bearing Survey No. 46-7 and 46/3A1B1 in Periyapattinam Group and Village, Keelakarai Taluk, Ramanathapuram District.

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

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W.P(MD)No.453 of 2023

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For Petitioner : Mr.J.M.Hassanul Bazari

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For Respondents : Mr.G.Suriyanandh, Addl. 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 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

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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 https://www.mhc.tn.gov.in/judis 2/6

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W.P(MD)No.453 of 2023

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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 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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W.P(MD)No.453 of 2023

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(VII) A copy of the survey report will be served on the parties

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also. No costs.

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09.01.2023

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NCS :Yes/No Index : Yes / No Internet : Yes/ No ias

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To:

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1.The Thasildar, Taluk Office, Keelakarai, Keelakarai Taluk, Ramanathapuram District.

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2.The Surveyor, Office at Taluk Office of Keelakarai, Keelakarai, Keelakarai Taluk, Ramanathapuram District.

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W.P(MD)No.453 of 2023

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W.P(MD)No.453 of 2023

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G.R.SWAMINATHAN, J.

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ias

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W.P(MD)No.453 of 2023

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09.01.2023

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

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Santhi v. The Thasildar

Case brief

What is this about?

What did the court decide?

Santhi v. The Thasildar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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