Back
2025 Supreme(Mad) 4268
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.Mala, J.
Uma - Petitioner
Versus
The Tahsildar, Thirumangalam Taluk - Respondents
W.P(MD)No. 2997 of 2025
Decided On : 31-01-2025
Advocate Appeared:
For the Petitioner: Mr.V.S.Kishok Kumar
For the Respondent: Mr.M.Muthumanikkam
The court delineates the procedural framework for property surveys and demarcation, ensuring fairness in addressing objections from adjacent landowners while maintaining the rights of the property owner.
Headnote:(A) Writ of Mandamus - Property Survey - The petitioner seeks an order for the survey and demarcation of property boundaries following submission of an application and payment of fees - The court emphasized procedural directives regarding application, notice, enquiry, and objections - The survey authority must conclude the exercise with proper notice to interested parties. (Paras 1, 5, 6)
Facts of the case:
The petitioner, being the absolute owner of certain lands, filed a writ petition after the survey intended for November 28, 2024, was not conducted despite prior notice. The petitioner's ownership stems from a registered sale deed dated July 31, 2024, and patta mutation in favor of the petitioner.
Findings of Court:
Directions are issued for conducting the survey, considering objections from adjacent landowners, ensuring the survey's conclusion and protection of the parties' rights without dispossessing any party.
Issues: The process for surveying and demarcating property boundaries when objections are raised by adjacent landowners or interested persons.
Ratio Decidendi: The court outlines a framework on managing property survey applications, emphasizing comprehensive scrutiny, notice to interested parties, and procedural fairness in addressing objections.
Result: The writ petition is disposed of with specific directions regarding the survey process.
| Table of Content |
|---|
| 1. petitioner owns property and seeks demarcation. (Para 1 , 3) |
| 2. court outlines procedural directives for boundary survey. (Para 2 , 4 , 5) |
| 3. writ petition disposed with specified directions. (Para 6) |
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.
(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
