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2025 Supreme(Online)(MAD) 5746

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2025 CORAM THE HON'BLE MRS.JUSTICE N.MALA W.P(MD)No.2407 of 2025 Sharfudeen ...Petitioner Vs.

1. The Thasildar, Marungapuri Taluk, Marungapuri, Trichy District.

2. The Firka Surveyor, Marungapuri Taluk, Marungapuri, Trichy District.

3. The Inspector of Police, Thuvarankuruchi Police Station, Thuvarankuruchi, Trichy District. ...Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the respondents to conduct the survey as per the representation and E-Challan remitted on 16.12.2024 and fix the four boundaries of the petitioner's patta land comprised in Survey No.91/1 in an extent of 0.5.50 Ares, in Survey No. 91/2 in an extent of 0.24.50 Ares, in Survey No. 91/3 in an extent of 0.29.50 Ares, in Survey No. 91/4A in an extent of 0.34.40 Ares, in Survey No.91/4B in an extent of 0.17.80 Ares, in Survey No.91/4C in an extent of 0.17.80 Ares, in Survey No. 91/4D in an extent of 0.17.00 Ares, in Survey No. 91/5 in an extent of 0.18.00 Ares, in Survey No.91/6 in an extent of 0.6.50 ares and in Survey No.91/7 in an extent of 0.39.00 ares situated at Thuvarankuruchi Village, Marungapuri Taluk, Tiruchirappallai District within a time frame that may be stipulated by this Court.

For Petitioner : Mr.R.R.Kannan For R1 & R2 : Mr.A.Kannan Additional Government Pleader For R3 : Mr.K.Gnanasekaran Government Advocate(Crl.side)

ORDER

This Writ Petition is filed for issuance of writ of mandamus directing the respondents to conduct the survey and fix the four boundaries of the petitioner's patta land comprised in Survey No.91/1 to an extent of 0.5.50 Ares, in Survey No. 91/2 to an extent of 0.24.50 Ares, in Survey No. 91/3 to an extent of 0.29.50 Ares, in Survey No. 91/4A to an extent of 0.34.40 Ares, in Survey No.91/4B to an extent of 0.17.80 Ares, in Survey No.91/4C to an extent of 0.17.80 Ares, in Survey No. 91/4D to an extent of 0.17.00 Ares, in Survey No. 91/5 to an extent of 0.18.00 Ares and in Survey No.91/6 to an extent of 0.6.50 ares situated at Thuvarankuruchi Village, Marungapuri Taluk, Tiruchirappallai District within a time frame to be fixed by this Court.

2. The petition mentioned properties belong to the petitioner's father. The petitioner's father purchased the same in the year 1978. The petitioner's father was in possession and enjoyment of the property. Thereafter, the petitioner continued to be in possession and enjoyment. While so, the petitioner filed an application for survey and demarcation of the boundries of the subject lands on 16.12.2024 and paid the necessary fees for the same. In spite of the petitioner's application and the representation dated 17.12.2024, no action was taken. Therefore, the petitioner filed the above writ petition for the aforesaid relief.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 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.

4.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 a

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