Writ petition seeking a direction to survey authorities to measure land in Survey No.2472/2A and fix boundaries. Court laid down a detailed procedure for online application, notice to adjacent owners, enquiry, six-week timelines, police aid, and clarified survey cannot dispossess anyone.
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W.P(MD)No.24020 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.09.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.24020 of 2025
Anbalagan
... Petitioner
Vs.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to take necessary steps to measure the land and fix the four boundaries of the land in 2472/2A situated at A.Vadipatti, Kullapuram Village, Periyakulam Taluk, Theni District, based on the petitioner's application dated 30.06.2025 within a stipulated time in accordance with law.
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For Petitioner : Mr.M.Prabu
For Respondents : Mr.K.Balasubramani Special Government Pleader
ORDER
Heard both sides.
2.The learned counsel for the petitioner states that he will not put
up any fencing and if there is any objection from any quarter, he will proceed to do so only after getting order from the jurisdictional civil Court.
3.Recording the said undertaking of the writ petitioner, this writ petition is disposed of with the following directions:
(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.
(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.
(IV) Enquiry shall be held. During enquiry, objections raised by the adjacent land owners / interested persons shall be considered.
(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,
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it shall be disposed of on merits and in accordance with law within a period of four weeks thereafter.
(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.
(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.
(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.
(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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W.P(MD)No.24020 of 2025
exercise one way or the other within a period of six weeks after
service of notice on the interested persons.
(XI) A copy of the survey report along with sketch will
be served on the parties. No costs.
04.09.2025
NCC : Yes / No Index : Yes / No Internet : Yes / No MGA
To
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W.P(MD)No.24020 of 2025
G.R.SWAMINATHAN, J.
MGA
W.P(MD)No.24020 of 2025
04.09.2025
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1 issue framed by the court
Should the survey authority be directed to measure the petitioner's land and fix its boundaries pursuant to his application dated 30.06.2025?
1 provisions across 1 enactments
Anbalagan
The Tahsildar, Periyakulam Taluk Office, Theni District
The Taluk Surveyor, Periyakulam Taluk Office, Theni District
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
