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2025 DIGILAW 714 (MAD)

Uma v. Tahsildar, Thirumangalam Taluk

2025-01-31

N.MALA

body2025
ORDER : N.Mala, J. This Writ Petition is filed for a Writ of Mandamus directing the respondents 1 and 2 to survey and demarcate the Petitioner’s property in S.Nos.105/1, 105/2, 105/11A, 105/11D and 110/17B situated at Kinnimangalam Village, Thirumangulam Taluk, Madurai District and fix the boundary by considering the Petitioner’s application vide payment of Challan, dated 6.11.2024 within the time fixed by this Court. 2.Mr.M.Muthumanikkam, learned Government Advocate(Civil Side) takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The Petitioner is the absolute owner of the subject properties, having purchased the same under registered sale deed, dated 31.07.2024 measuring an extent of 2 acres and 20 cents comrprised in S.Nos.105/1, 105/2, 105/11A, 105/11D and 110/17B and patta for the aforesaid properties were mutated in favour of the Petitioner in patta Nos.5094 and 5165. The Petitioner intended to safeguard the properties by fencing the same. Hence, the Petitioner submitted an application to the respondent on 06.11.2024 along with necessary fee for survey and demarcation of boundaries of the properties. Though the second respondent issued notice on 9.11.2024, stating that survey would be conducted on 28.11.2024, survey was not conducted. Even thereafter, the second respondent did not conduct the survey. Therefore the Petitioner was constrained to file the above Writ Petition for the aforesaid relief. 4 . It is open to any aggrieved party 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. 5. 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 the boundary. Following the said order, the following directions are issued: (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. (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-pattadars must give their consent for conducting survey. (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-pattadars 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. (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. (X) The survey authority will conclude the entire exercise one way or the other as per the seniority, after service of notice on the interested persons. (XI)A copy of the survey report along with sketch will be served on the parties. 6. With the aforesaid directions, the Writ Petition stands disposed of. No costs.