Petition sought survey, demarcation and separate patta for land in Nattalam village. Petitioner undertook not to fence without civil court order. Court disposed of the petition laying down a detailed procedure for survey applications, notices to adjacent owners, enquiry, objections and police protection.
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W.P(MD)No.24028 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.24028 of 2025
Jagan Mohan
... Petitioner
Vs.
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 and 3 herein to survey and demarcate the land comprised in Old Survey No.5662, Resurvey No.404/3 to an extent of 61.268 cents bearing in Nattalam “A” Village, Vilavancode Taluk, Kanyakumari District and sub divide the same and issue separate patta in the favour of
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the petitioner on the basis of petitioner's application dated 01.06.2022 and 04.04.2025 and the reminder representation dated 23.06.2022 and 29.05.2025 within a time stipulate by this Court.
For Petitioner : Mr.R.Murugan
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
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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.
(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
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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.
(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
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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.
exercise one way or the other within a period of six weeks after service of notice on the interested persons.
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.24028 of 2025
G.R.SWAMINATHAN, J.
MGA
W.P(MD)No.24028 of 2025
04.09.2025
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1 issue framed by the court
Whether the authorities should survey, demarcate and subdivide the petitioner's land and issue patta despite objections from adjacent owners?
1 provisions across 1 enactments
Jagan Mohan
The District Collector, Kanyakumari District
The Tahsildar, Vilavancode Taluk
The Taluk Surveyor, Vilavancode Taluk
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
