Disposed

Kasthuri. S v. The Tahsildar

Madras HC10 Jan 2023WP(MD)/555/2023

Case brief

AI extract

What is this about?

The Madras High Court disposed of a writ petition seeking directions for land survey and boundary demarcation in Ramanathapuram District. The court ordered the survey authority to issue notices, hold an enquiry on objections, and conduct the survey within six weeks if no injunction is obtained, strictly prohibiting fencing or police-induced dispossession.

What did the court decide?

Directed survey authority to issue notices, hold enquiry, overrule groundless objections, and conduct survey within six weeks without fencing or dispossession.

Kasthuri. S Vs The Tahsildar — Specific Performance | Madras HC (2023)

¶1

W.P(MD)No.555 of 2022

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 10.01.2023

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

¶6

W.P(MD)No.555 of 2023

S.Kasthuri

... Petitioner

1.The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

¶11

2.The Taluk Surveyor, Taluk Office, Thiruvadanai, Ramanathapuram District. ... Respondents

¶12

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 19.09.2022 and survey the property in Survey Nos.205/1 situated at Thiruvadanai Group, Thiruvadanai Taluk, Ramanathapuram District.

¶13

For Petitioner : Mr.H.Velavadhas For Respondents : Mr.G.Suriyanath Additional Government Pleader

¶14

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

¶15

1/5

¶16

W.P(MD)No.555 of 2022

¶17

ORDER

¶18

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.

¶19

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

¶20

(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.

¶21

(II) Enquiry shall be held. During enquiry, objections raised by the adjacent land owners / interested persons shall be considered.

¶22

(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 borne in mind. While it cannot be binding on the surveyor, the same will be taken note of.

¶23

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

¶24

2/5

¶25

W.P(MD)No.555 of 2022

¶26

(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.

¶27

(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.

¶28

(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.

¶29

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

¶30

also.

¶31

No costs.

¶32

10.01.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No skm

¶33

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

¶34

3/5

¶35

W.P(MD)No.555 of 2022

¶36

¶37

1.The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

¶38

2.The Taluk Surveyor, Taluk Office, Thiruvadanai, Ramanathapuram District.

¶39

https://www.mhc.tn.gov.in/judis 4/5

¶40

W.P(MD)No.555 of 2022

¶41

G.R.SWAMINATHAN, J.

¶42

skm

¶43

W.P(MD)No.555 of 2023

¶44

10.01.2023

¶45

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

¶46

5/5

Kasthuri. S v. The Tahsildar

Case brief

What is this about?

What did the court decide?

Kasthuri. S 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

Case details

Similar cases

Perumal Vs The District Registrar (Administration) (Madurai North)

Santhi Vs The Thasildar

Kalaiselvi.v.a Vs The District Collector

Arunagiri.R Vs The District Registrar (Administration)

Nagalakshmi Vs The Tahsildar

Subbaiyath Devar T Vs The Tahsildar