Disposed

Nagalakshmi v. The Tahsildar

Madras HC10 Jan 2023WP(MD)/597/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition directed against the Tahsildar and Surveyor, ordering them to conduct a survey and subdivision of specific punja lands within six weeks, subject to notice service and specific procedural safeguards for objectors.

What did the court decide?

Order directing the Tahsildar and Surveyor to issue notice, hold enquiry, and conduct survey of specific lands within six weeks, with specific procedural safeguards for objectors.

Nagalakshmi Vs The Tahsildar — Landlord and Tenant | Madras HC (2023)

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W.P(MD)No.597 of 2022

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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.597 of 2023

Nagalakshmi

... Petitioner

1.The Tahsildar, Kujilliamparai Taluk, Dindigul District.

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2.The Surveyor, Kujilliamparai Taluk, Dindigul 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 1^st and 2^nd respondents to consider the petitioner's application dated 19.12.2022 for carrying out Measurement and Subdivision in respect of punja lands bearing Survey Number. 883/2, 884/1B, 892/2C, 892/2D, 906/3, 48/3, 49/4 admeasuring an extent of 8 Acres 29 Cents situated at R.Puthukottai Village, Kujiliyamparai Taluk, Dindigul District within the time stipulated by this Court and thus render justice.

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For Petitioner : Mr.V.Vilma Rexy For Respondents : Mrs.S.Jeyapriya Government Advocate

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

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W.P(MD)No.597 of 2022

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

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

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W.P(MD)No.597 of 2022

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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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(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

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also.

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No costs.

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

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1.The Tahsildar, Kujilliamparai Taluk, Dindigul District.

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2.The Surveyor, Kujilliamparai Taluk, Dindigul District.

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

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W.P(MD)No.597 of 2022

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G.R.SWAMINATHAN, J.

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skm

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W.P(MD)No.597 of 2023

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10.01.2023

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

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Nagalakshmi v. The Tahsildar

Case brief

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Nagalakshmi v. The Tahsildar

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