Disposed

D.Rajeshwari v. The District Collector

Madras HC14 Nov 2024WP(MD)/26318/2024

Case brief

AI extract

What is this about?

Writ petition seeking direction to respondents to survey and demarcate boundaries of petitioner's land in Kumbakonam Taluk. Court disposed of the petition at admission stage by issuing detailed procedural directions for conducting the survey and handling objections.

What did the court decide?

Direction issued to conduct survey and demarcation within 12 weeks as per specified procedural steps.

D.Rajeshwari Vs The District Collector — Land Acquisition | Madras HC (2024)

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W.P.(MD)No.26318 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 14.11.2024

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CORAM:

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THE HONOURABLE MRS.JUSTICE N.MALA

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W.P.(MD)No.26318 of 2024 and W.M.P.(MD)No.22925 of 2024

D.Rajeshwari

... Petitioner

versus

The District Collector, Thanjavur District.

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The Tahsildar, Kumbakonam Taluk, Thanjavur District.

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The Taluk Surveyor, Kumbakonam Taluk, Thanjavur District. ... Respondents

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Writ Petition filed under Article 226 of Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents 2 and 3 to conduct survey and demarcate the boundaries of the petitioner's land situated in S.Nos.203/3, 203/4A and 203/5 in Kumbakonam Taluk, Thanjavur District as per Challan dated 28.02.2024 within a stipulated time.

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For Petitioner : Mr.K.Dinesh For Respondents : Mr.A.Kannan, Additional Government Pleader

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

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W.P.(MD)No.26318 of 2024

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ORDER

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This writ petition has been filed for a direction to the respondents 2 and 3 to conduct survey and demarcate the boundaries of the petitioner's land situated in S.Nos.203/3, 203/4A and 203/5 in Kumbakonam Taluk, Thanjavur District.

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2. The petitioner claims that his father owned properties in S.Nos. 203/3, 203/4A and 203/5 in Kumbakonam Taluk, Thanjavur District and his father executed a registered Gift/Settlement Deed in his favour vide Doc.No.2303/2013 dated 28.10.2013. Now, he is in possession and enjoyment of the said properties and joint patta was also issued in Patta Nos. 211, 324 and 1015. The petitioner wanted to develop the said properties by raising loan from the Bank, therefore, he approached the Bank for loan. Since the Bank advised the petitioner to produce individual patta for his properties along with four boundaries, he submitted an application to the second respondent/Tahsildar on 28.02.2024 along with necessary charges for conducting survey. As the second respondent did not take any steps to conduct survey, the petitioner was constrained to file the present

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

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W.P.(MD)No.26318 of 2024

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writ petition for the aforesaid relief.

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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

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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

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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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(III) The survey authority will issue notice to the writ petitioner as well as the adjacent land owners and also to the

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

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W.P.(MD)No.26318 of 2024

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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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(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

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

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W.P.(MD)No.26318 of 2024

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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 12 weeks after service of notice on the interested persons.

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(XI) A copy of the survey report along with sketch will be served on the parties.

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5. With the aforesaid directions, the writ petition stands disposed of.

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No costs. Consequently, connected miscellaneous petition is closed.

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14.11.2024

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ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No.

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

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W.P.(MD)No.26318 of 2024

N.MALA, J.,

ogy

The District Collector, Thanjavur District.

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The Tahsildar, Kumbakonam Taluk, Thanjavur District.

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The Taluk Surveyor, Kumbakonam Taluk, Thanjavur District.

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W.P.(MD)No.26318 of 2024

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14.11.2024

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

D.Rajeshwari v. The District Collector

Case brief

What is this about?

What did the court decide?

D.Rajeshwari v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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