Disposed

Ananthkumar v. The District Collector

Madras HC6 Jun 2024WP(MD)/11785/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court directed the survey authority to conduct a survey of disputed land in Sivakasi Taluk within six weeks. The order provided detailed guidelines regarding due process, handling objections by adjacent owners, police protection, and restrictions on fencing, ensuring no dispossession occurs during the survey.

What did the court decide?

Directions to survey authority to survey land within six weeks; guidelines on notice, objection resolution, and prohibition of fencing.

Ananthkumar Vs The District Collector — Land Acquisition | Madras HC (2024)

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1 W.P.(MD)NO.11785 OF 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.06.2024

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11785 of 2024

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Ananthkumar ... Petitioner

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Vs.

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The District Collector, Virudhunagar District, Virudhunagar.

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The Tahsildar, Sivakasi Taluk, Virudhunagar District. ... Respondents

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Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to survey, measure and demarcate the boundaries of the land in survey No.335 to an extent of 30 cents, situating in Duraisamypuram Village, Sivakasi Taluk, Virudhunagar District by considering the petitioner's representation dated 22.05.2024 within the time limit that may be stipulated by this Court.

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For Petitioner : Mr.P.Sureshkumar For R-1 & R-2 : Mr.P.Thambidurai, Government Advocate.

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

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2 W.P.(MD)NO.11785 OF 2024

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O R D E R

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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 scope of this writ petition is confined only for conducting survey. If the petitioner has sought any other reliefs, they can be agitated separately.

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This writ petition is disposed of at the admission stage itself. It is open to any aggrieved party to move this Court either by way of review or recall of this order, if there is any suppression of material facts by the petitioner.

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

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(I) The petitioner is directed to submit his / her

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application in online mode. The survey authority will scrutinize if the application submitted by the petitioner is in

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3 W.P.(MD)NO.11785 OF 2024

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order.

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(II) The petitioner will have to enclose all the relevant documents such as patta. The applicant must have individual patta in his / her name. If he / she is having joint patta, co-pattadars must give their consent for conducting survey.

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

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(V) 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

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obtain any injunction order, the survey can very well go on.

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(VI) It is open to the parties to serve memo of

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4 W.P.(MD)NO.11785 OF 2024

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instructions to the surveyor at the time of conducting survey. The same will be borne in mind. While it cannot be binding on

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the surveyor, the same will be taken note of.

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(VII) 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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(VIII) 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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(IX) 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. If the petitioner wants to put up fencing and if there is any objection from any private party, fencing can be put up only after the petitioner obtains decree from the jurisdictional Civil Court.

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(X) The survey authority will conclude the entire exercise one way or the other within a period of six weeks after

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5 W.P.(MD)NO.11785 OF 2024

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service of notice on the interested persons.

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(XI) A copy of the survey report along with sketch

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will be served on the parties. No costs.

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06.06.2024

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NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU

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To:

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The District Collector, Virudhunagar District, Virudhunagar.

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The Tahsildar, Sivakasi Taluk, Virudhunagar District.

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

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6 W.P.(MD)NO.11785 OF 2024

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G.R.SWAMINATHAN,J.

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PMU

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W.P.(MD)No.11785 of 2024

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06.06.2024

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

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Ananthkumar v. The District Collector

Case brief

What is this about?

What did the court decide?

Ananthkumar v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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