Disposed

Chinnasamy v. The District Collector

Madras HC2 Aug 2024WP(MD)/18504/2024

Case brief

AI extract

What is this about?

Petitioner sought survey of his land and issuance of patta through a writ petition. Noting he held only joint patta requiring consent of all co-pattadhars, the court laid down an eleven-point procedure: online application, notices to adjacent owners and interested persons, enquiry into objections, six-week window for objectors to seek injunction, optional civil-court recourse, police aid if needed

What the court decided

AI extract

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

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W.P(MD)No.18504 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 02.08.2024

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.18504 of 2024

Chinnasamy

... Petitioner

Vs.

1.The District Collector, Trichy District, Trichy.

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2.The Tahsildar, Manapparai Taluk, Trichy District.

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3.The Head Surveyor, Manapparai Taluk, Trichy 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 respondents to measure and issue patta in the petitioner's land in Survey Nos.318/1B and 318/1C with an extent of 3.56 and 3.09 Acres, and survey no situated at Pannapatti West, Manapparai Taluk, Trichy District, within a stipulated time fixed by this Court.

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

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W.P(MD)No.18504 of 2024

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For Petitioner : Mr.V.Maharajan For Respondents : Mr.G.V.Vairam Santhosh

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Additional Government Pleader

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ORDER

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When the matter was taken up for hearing, the learned Additional

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Government Pleader submitted that the petitioner is having only joint patta. When one of the joint pattadhars wants survey to be conducted, notice has to be issued all the other joint pattadhars. If all the joint pattadhars appear before the authority and there is consensus, then survey to be conducted. If there is no consensus or some of the joint pattadhars do not appear or do not co-operate, then the applicant has to move before the jurisdictional civil Court for partition. If survey is to be conducted, the following directions shall be adhere to:

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(I) The petitioner is directed to submit his / her application in on-line mode. The survey authority will scrutinize if the application submitted by the petitioner is in order. Patta need not be in the name of the applicant. If patta is in the name of the vendor and mutation has not been effected, still the application can be considered.

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(II) The petitioner will have to enclose all the relevant documents such as patta. The applicant must have individual 2/6

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

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W.P(MD)No.18504 of 2024

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patta in his / her name. If he / she is having joint patta, copattadars must give their consent for conducting survey.

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(III) The survey authority will issue notice to the writ

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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 obtain any injunction order, the survey can very well go on. If any suit is filed, subject to plaint being in order, it shall be numbered immediately. If any interlocutory application is filed, it shall be disposed of on merits and in accordance with law within a period of four weeks thereafter.

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W.P(MD)No.18504 of 2024

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(VI) It is open to the parties to serve memo of instructions to the surveyor at the time of conducting 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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(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. 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 service of notice on the interested persons.

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

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be served on the parties. No costs.

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02.08.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No MGA

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1.The District Collector, Trichy District, Trichy.

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2.The Tahsildar, Manapparai Taluk, Trichy District.

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3.The Head Surveyor, Manapparai Taluk, Trichy District.

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

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W.P(MD)No.18504 of 2024

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G.R.SWAMINATHAN,J.

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MGA

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W.P(MD)No.18504 of 2024

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02.08.2024

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

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Chinnasamy v. The District Collector

Case brief

What is this about?

What the court decided

Chinnasamy v. The District Collector

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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