Disposed

Mariya Dhanapal D. Cruze v. The Tahsildar

Madras HC13 Nov 2024WP(MD)/21337/2024

Case brief

AI extract

What is this about?

The Madurai Bench disposed of a writ petition seeking a direction to survey and demarcate the petitioner's property. The Court, considering consent and prior directions, issued specific procedural guidelines to the survey authority, including criteria for applications, notice to adjacent owners, handling of objections, and restrictions on fencing without court decrees.

What did the court decide?

Concurrence on directions for survey and demarcation issued with specific guidelines on notice, objection handling, and fencing restrictions.

Mariya Dhanapal D. Cruze Vs The Tahsildar — Landlord and Tenant | Madras HC (2024)

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W.P.(MD)No.21337 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.11.2024

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CORAM

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THE HONOURABLE MRS.JUSTICE N.MALA

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W.P.(MD)No.21337 of 2024

Mariya Dhanapal

... Petitioner

Vs.

1.The Tahsildar, Taluk Office, Rameshwaram Taluk, Ramanathapuram District.

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2.The Firka Surveyor, Taluk Office, Rameshwaram Taluk, Ramanathapuram District. ...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to survey and demarcate the boundaries of the petitioner's property comprised in Natham S.No.613 to an extent of 4 3/4 cents, situated at Agasthiyar Theerthakarai, Rameshwaram Taluk, Ramanathapuram District based on the petitioner's representation, dated 06.08.2024.

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

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For Petitioner : Mr.R.Murugan

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W.P.(MD)No.21337 of 2024

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For Respondents : Mr.A.Kannan Additional Government Pleader

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O R D E R

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This writ petition has been filed for a direction to the respondents to

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survey and demarcate the boundaries of the petitioner's property comprised in

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Natham S.No.613 to an extent of 4 3/4 cents at Agasthiyar Theerthakarai, Rameshwaram Taluk, Ramanathapuram District by considering the petitioner's representation, dated 06.08.2024.

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2. The petitioner purchased the aforesaid property under sale deed, dated

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18.01.1980. The petitioner was not able to get patta mutated in his name. The petitioner on 06.08.2024 submitted an application to survey and demarcate his lands by paying necessary charges. As the respondents did not take any action

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on the petitioner's application, the petitioner filed the writ petition for the aforesaid relief. As the petitioner has submitted her representation along with the application, I am not inclined to direct any time limit for conduct of survey and demarcation of boundaries.

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

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W.P.(MD)No.21337 of 2024

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3. With the consent of both learned counsels, this writ petition is disposed

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of at the admission stage itself. If any person is aggrieved by this order, it is open to them 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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This Court in W.P(MD)No.12676 of 2024, dated 14.06.2024 issued certain directions for considering the application for survey and fixing of boundary. Following the said order, the following directions are issued:

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

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

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W.P.(MD)No.21337 of 2024

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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

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

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to the surveyor at the time of conducting survey. The same will

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

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W.P.(MD)No.21337 of 2024

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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 as per seniority after service of notice on the

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interested persons.

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

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W.P.(MD)No.21337 of 2024

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

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served on the parties.

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5. With the aforesaid directions, the writ petition stands disposed of. No

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costs.

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13.11.2024

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NCC:yes/no Index:yes/no Internet:yes/no SN To:

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1.The Tahsildar, Taluk Office, Rameshwaram Taluk, Ramanathapuram District.

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2.The Firka Surveyor, Taluk Office, Rameshwaram Taluk, Ramanathapuram District.

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

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W.P.(MD)No.21337 of 2024

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N.MALA, J.

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W.P.(MD)No.21337 of 2024

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13.11.2024

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

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Mariya Dhanapal D. Cruze v. The Tahsildar

Case brief

What is this about?

What did the court decide?

Mariya Dhanapal D. Cruze v. The Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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