Title Madurai High Court Judgement in 2020 for Land Survey.pdf ✅

W.P.(MD)No.13465 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2020 CORAM: THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P.(MD)No.13465 of 2020 and WMP(MD).No.11228 of 2020 Asaithambi ... Petitioner -vs- 1.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Madurai, Madurai District. 2.The Thasildar, Madurai West Taluk, Madurai, Madurai District. 3.The Town Surveyor, Madurai West Circle, Collectroate, Madurai. 4.The Village Administrative Officer, Ponmeni Village, Madurai Town and District. 5.Mahendran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the 4th respondent 1/11 http://www.judis.nic.in

W.P.(MD)No.13465 of 2020 3. It is represented by the learned counsel appearing for the petitioner that despite several surveys being conducted on previous occasions, the fourth respondent has been repeatedly insisting upon the Official respondents to conduct survey of the property in S.Nos. 62 and 66/7 in Patta No.R.T.R.No.676(a) 94-95, dated 23.12.1994. It is further represented that the 4th respondent has been creating a lot of trouble and causing hindrance to the petitioner by way of frequent survey. Aggrieved by the same, the petitioner is before this Court with the aforesaid relief. 4. Mr. Prabhu Rajadurai, learned counsel appearing for the 5th respondent drew the attention of this Court to the Memorandum, dated 16.09.2020, from which it could be seen that the Survey Number mentioned therein is completely different. Learned counsel also submitted that the 5th respondent has no objection in survey of the property by giving certain directions / guidelines, so that a quietus can be given to the entire issue. 5. Though the petitioner seeks a direction to the 4th respondent not to conduct survey of the property in question, considering the facts and 3/11 http://www.judis.nic.in
W.P.(MD)No.13465 of 2020 circumstances of the case, this Court is of the view that unless or until survey is conducted, there is every possibility of the issue being prolonged for years together instead of attaining its finality. We are now in the era of global digitalization and by use of advanced technology / machinery, the survey could be easily done, so as to bring the issue to a logical end with the satisfaction of both parties. 6. Therefore, a direction is issued to the 2nd respondent to depute a devoted and honest Surveyor for survey of the property in question in the presence of both parties and after survey, the Surveyor, while sending the report to the authorities concerned, shall ensure that a copy of the recorded version is also forwarded along with it, so that the issue between the parties can be decided in one way or the other. The entire exercise shall be completed within a period of two months from the date of receipt of a copy of this order. 7. At this juncture, this Court thinks it fit to draw certain guidelines to be followed, in respect of survey of the properties in future by the authorities concerned, which are as under: 4/11 http://www.judis.nic.in