Allowed

V.R.Paramasivam v. The Tahsildar

Madras HC4 Jan 2023WP(MD)/54/2023

Case brief

AI extract

What is this about?

Writ petition under Article 226 seeking mandamus to direct survey authorities to demarcate boundary of specified lands and police to provide protection during survey. Court disposed petition by issuing detailed procedural directions for survey, enquiry, and protection.

What did the court decide?

Petition disposed with directions to survey authorities to issue notice, hold enquiry, conduct survey after six weeks if objection raised, seek police aid for protection, and install survey stones onl

V.R.Paramasivam Vs The Tahsildar — Property and Title | Madras HC (2023)

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W.P(MD)No.54 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 04.01.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.54 of 2023

V.R.Paramasivam

... Petitioner

1.The Tahsildar, Taluk Office, Devakottai Taluk, Sivagangai District.

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2.The District Land Surveyor cum Assistant Director, Survey and Land records,

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O/o District Land Survey Office, Sivagangai, Sivagangai District.

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3.The Superintendent of Police, Sivagangai District, Sivagangai.

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4.The Inspector of Police, Town Police Station, Devakottai, Sivagangai District. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to measure and marking the boundaries to the petitioner's land bearing old Survey No. 126/3, in

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https://www.mhc.tn.gov.in/judis 1/6

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W.P(MD)No.54 of 2023

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New Survey No. 55/3 and 57/2, to an extent of 1 acre 77 cents situated at Edayanvayal Village, Kannakottai Group, Devekottai, Sivagangai District, consequently directing the respondents 3 and 4 to give police protection for survey the above said land, based on the petitioner's representations dated 16.12.2022 and 24.12.2022.

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For Petitioner : Mr.P.R.Boomee Rajan

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For Respondents : Mr.G.Suriyananth Additional Government Pleader for R.1 & R.2

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Mr.B.Thanga Aravindh Government Advocate (Criminal Side) for R.3 & R.4

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ORDER

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The petitioner has applied to the jurisdictional authority for conducting

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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

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any.

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W.P(MD)No.54 of 2023

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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 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 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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W.P(MD)No.54 of 2023

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

also.

No costs.

04.01.2023

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

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1.The Tahsildar, Taluk Office, Devakottai Taluk, Sivagangai District.

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

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W.P(MD)No.54 of 2023

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2.The District Land Surveyor cum Assistant Director,

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Survey and Land records,

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O/o District Land Survey Office, Sivagangai, Sivagangai District.

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3.The Superintendent of Police, Sivagangai District, Sivagangai.

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4.The Inspector of Police, Town Police Station, Devakottai, Sivagangai District.

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W.P(MD)No.54 of 2023

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G.R.SWAMINATHAN, J.

MGA

W.P(MD)No.54 of 2023

04.01.2023

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

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V.R.Paramasivam v. The Tahsildar

Case brief

What is this about?

What did the court decide?

V.R.Paramasivam v. The Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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