Allowed

Velmurugan v. The Tahsildar

Madras HC4 Jan 2023WP(MD)/88/2023

Case brief

AI extract

What is this about?

This writ petition under Article 226 seeks a directive for surveying the petitioner's land. The Court directed the authorities to serve notice to owners and interested persons, allow a six-week window to file objections, and conduct the survey with police protection, barring fencing or dispossession during the process.

What did the court decide?

Directed the survey authority to issue notices, hold an enquiry for six weeks before surveying with police protection, and grant a report within six weeks after notice service.

Velmurugan Vs The Tahsildar — Land Acquisition | Madras HC (2023)

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W.P(MD)No.88 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.88 of 2023

M.Velmurugan

... Petitioner

1.The Tahsildar, Madurai North Taluk, Collectorate Campus, Madurai District.

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2.The Taluk Surveyor, Sathamangalam Firka, Madurai North Taluk, Collectorate Campus, Madurai District.

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... 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 first respondent to conduct survey of the petitioner's property in Plot No.3B, Re-Survey No.50/24, Patta No.1703, Managiri 2nd Bit, No.49, Ayan Managiri Village, Madurai North Taluk, Madurai District with the help of title deed and patta through some other Surveyor and grant a proper report of survey to the petitioner within the time stipulated by this Court.

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

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W.P(MD)No.88 of 2023

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For Petitioner : Mr.M.Kannan

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For Respondents : Mr.M.Lingadurai Special Government Pleader

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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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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

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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

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

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W.P(MD)No.88 of 2023

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

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W.P(MD)No.88 of 2023

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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, Madurai North Taluk, Collectorate Campus, Madurai District.

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2.The Taluk Surveyor, Sathamangalam Firka, Madurai North Taluk, Collectorate Campus, Madurai District.

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

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W.P(MD)No.88 of 2023

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G.R.SWAMINATHAN, J.

MGA

W.P(MD)No.88 of 2023

04.01.2023

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

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Velmurugan v. The Tahsildar

Case brief

What is this about?

What did the court decide?

Velmurugan 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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