The court affirms the procedure for conducting land boundary surveys, ensuring adherence to legal standards and timely action by authorities.

O R D E R

The writ petition has been filed for a direction directing Writ of Mandamus, directing the respondents to conduct survey and fix boundaries of the lands comprised in Survey No. 4/1A3 measuring an extent of 2 acre in Surrappatti Village, Sivakasi Sub Registrar District, Vembakottai Taluk, Virudhunagar District, within a time frame to be fixed by this Court.

2. The subject property originally belonged to one Periya Karupasamy Kudumban. The said Periya Karupasamy Kudumban executed a sale deed dated 29.07.1983 in favour of the petitioner's father to an extent of two cents out of total extent of 2 acres and 16 cents i.e 3/8 share. Even since the purchase, the petitioner's father was in possession and enjoyment of the portion of the subject property. Even patta was also mutated. The petitioner's father was issued joint patta in Patta No.387, with respect to the subject lands on 16.11.2010. The petitioner's father passed away leaving behind the petitioner, his sister and brothers as his legal heirs. The petitioner in order to obtain individual patta applied to the respondents for survey and demarcation of the four boundaries of the property on 13.11.2024 along with necessary fee. Thereafter, the petitioner sent a representation on 20.11.2024. As no action was taken by the respondents even thereafter, the petitioner filed the above writ petition for the abovesaid relief.

3.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 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 within a period of twelve weeks after