Disposed

Balaguru v. The District Registrar

Madras HC11 Jan 2023WP(MD)/661/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition filed for a survey and boundary fixation of the petitioner's land. The Court directed the survey authority to issue notices, conduct the survey after a six-week wait to allow for injunction petitions, restrict the installation of only survey stones, and prohibit fencing using police aid at the time of the survey.

What did the court decide?

Directions to issue notices, hold a survey after a six-week period allowing for injunctions, install only survey stones, and prohibit fencing.

Balaguru Vs The District Registrar — Land Acquisition | Madras HC (2023)

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1 W.P.(MD)NO.661 OF 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 11.01.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD)No.661 of 2023

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Balaguru ... Petitioner

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Vs.

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The District Registrar, Karaikudi, Sivagangai District.

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The Tahsildar, Devakottai, Sivagangai District.

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The Head Surveyor, Devakottai Taluk, Sivagangai District.

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A.S.Kesav ... Respondents

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Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to consider the petitioner's application dated 21.06.2021 and to survey and fix the boundaries in the property in patta No.1699, S.No.335/8, situated at Iruvinivayal Group, Devakottai Taluk, Sivagangai District, within the time stipulated by this Court.

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

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2 W.P.(MD)NO.661 OF 2023

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For Petitioner : M/s.T.Joshua

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For R-1 to R-3 : Mr.G.Suriyananth, Additional Government Pleader.

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O R D E R

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Head the learned counsel on either side.

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Considering the nature of relief to be granted,

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issuance of notice to the fourth respondent is dispensed with.

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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

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writ petitioner as well as the adjacent land owners and

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3 W.P.(MD)NO.661 OF 2023

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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.

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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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4 W.P.(MD)NO.661 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.

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No costs.

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11.01.2023

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NCS : Yes / No Index : Yes / No Internet : Yes / No PMU

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5 W.P.(MD)NO.661 OF 2023

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To:

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The District Registrar, Karaikudi, Sivagangai District.

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The Tahsildar, Devakottai, Sivagangai District.

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The Head Surveyor, Devakottai Taluk, Sivagangai District.

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

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6 W.P.(MD)NO.661 OF 2023

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G.R.SWAMINATHAN,J.

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PMU

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W.P.(MD)No.661 of 2023

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11.01.2023

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

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Balaguru v. The District Registrar

Case brief

What is this about?

What did the court decide?

Balaguru v. The District Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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Coram

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