Disposed

Thandapani v. The Tahsildar

Madras HC12 Nov 2024WP(MD)/26853/2024

Case brief

AI extract

What is this about?

Petitioner sought a writ of mandamus to have his land in Survey No.126, Palamedu Village surveyed based on patta no.826 after online applications went unanswered. The court disposed the petition at admission stage by issuing detailed directions for conducting the survey and demarcation.

What did the court decide?

Writ petition disposed at admission stage; directions issued to the survey authority to process the survey application and complete survey with notices, enquiry, and report to parties.

Thandapani Vs The Tahsildar — Property and Title | Madras HC (2024)

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W.P.(MD)No.26853 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.11.2024

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CORAM

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THE HONOURABLE MRS.JUSTICE N.MALA

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W.P.(MD)No.26853 of 2024

Thandapani

... Petitioner

Vs.

1.The Thasildar, Vadipatti Taluk, Vadipatti Madurai District.

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2.The Surveyor, Palamedu Village, Vadipatti Taluk, Madurai 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 the petitioner's property in Survey No.126 to an extent of 10.50 Ares (26 cents) situated at Palamedu Village, Vadipatti Taluk, Madurai District under the light of the patta issued vide Patta no.826.

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For Petitioner : Mr.M.Alaudheen

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

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W.P.(MD)No.26853 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 survey the petitioner's property in Survey No.126 to an extent of 10.50 Ares (26 cents) situated at Palamedu Village, Vadipatti Taluk, Madurai District under the light of the patta issued vide Patta no.826.

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The property in Survey No.126, Palamedu Village, Vadipatti Taluk, Madurai District to an extent of 26 cents originally belonged to the petitioner's father. On the demise of the petitioner's father on 29.09.1996, the said property devolved on the petitioner, his brothers and sisters. On 27.06.2024, the petitioner submitted an application through online to survey the subject lands and the necessary fee was also remitted by the petitioner. Due to some mistake in the online application, the petitioner submitted a fresh application on 14.09.2024, along with necessary fee. Since no action was taken on the petitioner's application, the petitioner submitted another representation on 21.09.2024 to the respondents to survey his lands. As the respondents did not act on the petitioner's representation, the petitioner was constrained to file the above writ petition.

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

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W.P.(MD)No.26853 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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(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.26853 of 2024

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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

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

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

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W.P.(MD)No.26853 of 2024

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(VII) If the jurisdictional authority finds objections to be

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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,

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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

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one way or the other within a period of eight (8) 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

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served on the parties.

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

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W.P.(MD)No.26853 of 2024

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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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12.11.2024

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NCC:yes/no Index:yes/no Internet:yes/no gbg

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To:

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1.The Thasildar, Vadipatti Taluk, Vadipatti Madurai District.

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2.The Surveyor, Palamedu Village, Vadipatti Taluk, Madurai District.

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

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W.P.(MD)No.26853 of 2024

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N.MALA, J.

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gbg

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W.P.(MD)No.26853 of 2024

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12.11.2024

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

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Thandapani v. The Tahsildar

Case brief

What is this about?

What did the court decide?

Thandapani v. The Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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