Disposed

Subbaiyath Devar T v. The Tahsildar

Madras HC10 Jan 2023WP(MD)/552/2023

Case brief

AI extract

What is this about?

The Madras High Court disposed of a writ petition filed for conducting a survey and demarcation of the petitioner's agricultural land. The court issued detailed directions to the survey authority, including issuance of notices, holding an enquiry, considerations of objections, police protection, and installation of survey stones without dispossessing any party.

What did the court decide?

The survey authority is directed to conduct the survey, issue notices, hold an enquiry, consider objections, seek police aid if required, and install survey stones within six weeks without fencing.

Subbaiyath Devar T Vs The Tahsildar — Land Acquisition | Madras HC (2023)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 10.01.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.552 of 2023

T.Subbaiya Thevar

... Petitioner

1.The Tahsildar, Kayatharu, Thoothukudi District.

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2.The Taluk Head Surveyor, Land Recordel Office, Thoothukudi 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, to direct the respondents herein to conduct the survey and fix the boundary stones in respect of the petitioner's property comprised Patta No.1046, SF No.1401/1C of an totally 77.5 cents situated at, Kayatharu Taluk, Ayyaroothu Post, Thoothukudi District by considering his representation dated 29.08.2022.

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For Petitioner : Mr.CR.Ponnuthai

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For Respondents : Mr.B.Saravanan Additional Government Pleader

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

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ORDER

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Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the official respondents.

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2.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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3.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 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

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

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

also.

No costs.

10.01.2023

skm

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

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1.The Tahsildar, Kayatharu, Thoothukudi District.

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2.The Taluk Head Surveyor, Land Recordel Office, Thoothukudi District.

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

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G.R.SWAMINATHAN, J.

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skm

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W.P(MD)No.552 of 2023

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10.01.2023

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

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Subbaiyath Devar T v. The Tahsildar

Case brief

What is this about?

What did the court decide?

Subbaiyath Devar T v. The Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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