Partly allowed

P.Ananth v. The Tahsildar

Madras HC11 Nov 2024WP(MD)/22272/2024

Case brief

AI extract

What is this about?

The Madras High Court disposed of a writ petition at the admission stage by issuing detailed procedural directions to the Survey Authority regarding the survey, notice, enquiry, and disposal of objectors concerning disputed land boundaries in Usilampatti Taluk.

What did the court decide?

The writ petition was disposed of in favour of the petitioner by issuing procedural directions for the survey and demarcation of the land within 12 weeks, including modes of filing, notice requirement

P.Ananth Vs The Tahsildar — Landlord and Tenant | Madras HC (2024)

¶1

W.P.(MD)No.22272 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 11.11.2024

¶4

CORAM

¶5

THE HONOURABLE MRS.JUSTICE N.MALA

¶6

W.P.(MD)No.22272 of 2024

P.Ananth

... Petitioner

Vs.

1.The Thasildar, Usilampatti Taluk, Madurai District.

¶11

2.The Taluk Surveyor, Usilampatti Taluk, Madurai District.

¶12

3.A.Yokkiyaraja

¶13

4.A.Macharaja

¶14

5.D.Naveen ...Respondents

¶15

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to survey and fix boundaries in respect of the properties in Patta Nos.4065 and 3426, situated in Survey No.185/1, 185/2, 185/3A, 185/4A, 185/5A, situated at Pothampatti Village, Usilampatti Taluk, Madurai District as per the provision contemplated under Section 9 and 10 of the Tamil Nadu Survey and Boundaries Act, on the

¶16

1/7

¶17

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

¶18

W.P.(MD)No.22272 of 2024

¶19

basis of E-Challan, dated 25.11.2023, within a stipulated time fixed by this Court.

¶20

For Petitioner : Mr.J.Jeyakumaran For R1 & R2 : Mr.A.Kannan Additional Government Pleader

¶21

O R D E R

¶22

This writ petition has been filed for a direction to the respondents 1 and 2

¶23

to survey and fix boundaries in respect of the properties in Survey No.185/1, 185/2, 185/3A, 185/4A, 185/5A, situated at Pothampatti Village, Usilampatti Taluk, Madurai District.

¶24

2. The petitioner's father and his brother owned the subject property and

¶25

the joint patta was issued in the name of the petitioner's father and his brother's wife. After demise of the petitioner's father, the petitioner and petitioner's paternal uncle were in possession and enjoyment of the property. While so, the respondents 3 to 5 disturbed their peaceful possession by removing the old survey stone. In order to identify their land in subject survey numbers, the petitioner filed an application for survey and demarcation of the lands. The petitioner paid the necessary charges for the same. As the application was kept

¶26

2/7

¶27

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

¶28

W.P.(MD)No.22272 of 2024

¶29

pending without any action, the petitioner filed the writ petition for the aforesaid relief.

¶30

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

¶31

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:

¶32

(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.

¶33

(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-

¶34

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

¶35

3/7

¶36

W.P.(MD)No.22272 of 2024

¶37

pattadars must give their consent for conducting survey.

¶38

(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.

¶39

(IV) Enquiry shall be held. During enquiry, objections

¶40

raised by the adjacent land owners / interested persons shall be considered.

¶41

(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.

¶42

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

¶43

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

¶44

4/7

¶45

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

¶46

W.P.(MD)No.22272 of 2024

¶47

be borne in mind. While it cannot be binding on the surveyor, the same will be taken note of.

¶48

(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.

¶49

(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.

¶50

(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.

¶51

(X) The survey authority will conclude the entire exercise one way or the other within a period of 12 weeks after service of notice on the interested persons.

¶52

5/7

¶53

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

¶54

W.P.(MD)No.22272 of 2024

¶55

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

¶56

served on the parties.

¶57

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

¶58

costs.

¶59

11.11.2024

¶60

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

¶61

To:

¶62

1.The Thasildar, Usilampatti Taluk, Madurai District.

¶63

2.The Taluk Surveyor, Usilampatti Taluk, Madurai District.

¶64

6/7

¶65

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

¶66

W.P.(MD)No.22272 of 2024

¶67

N.MALA, J.

¶68

¶69

W.P.(MD)No.22272 of 2024

¶70

11.11.2024

¶71

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

¶72

7/7

P.Ananth v. The Tahsildar

Case brief

What is this about?

What did the court decide?

P.Ananth 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

Case details

Similar cases

Rajammal Vs The District Collector

Ravi Vs The Secretary to Government

M. Vaithilingam Vs The District Collector

Maragathammal Vs the District Collector

Kaliammal, Vs the Tahsildar

R.Somuraj Vs The Chief Information Commissioner cum Second Appellate Authority