Case Note & Summary
The petitioner, claiming through his principals who were owners under a registered settlement deed dated 18.10.2012, filed a writ petition under Article 226 of the Constitution seeking a mandamus to the Tahsildar and Taluk Surveyor, Illupur Taluk, to measure his land in Survey Nos.101/3 and 101/4, extent 22.5 ares, and fix boundaries. The application for survey dated 01.01.2025 was made to enable fencing of the property. The petitioner's principals' names had been mutated in revenue records and patta issued. A civil suit in O.S.No.15 of 2023 filed by one Janagi for declaration, partition, and permanent injunction was pending before the Sub-Court, Keeranur, affecting the subject property. When the petitioner attempted to fence the land, neighbours Durairaj, Pandi, and Balasubramani objected, leading to a police complaint; they gave an undertaking to abide by civil court orders. The petitioner argued that the survey was necessary to clarify the boundary and dispel villagers' apprehension that he was encroaching on a common pathway. The respondents' counsel submitted that the objectors must be heard during survey. The court found no impediment to conducting the survey and held that natural justice required that the neighbours be given advance notice and their objections considered. Accordingly, the court disposed of the petition by directing the respondents to survey and demarcate the land within eight weeks, after hearing the petitioner and the objecting neighbours, and prohibited the petitioner from fencing any land beyond the demarcated area. No costs were awarded.
Headnote
A) Constitutional Law - Writ Jurisdiction - Survey of Land - Constitution of India, Article 226 - Petitioner sought survey to demarcate property and erect a fence, citing absolute ownership and pending civil suit. Neighbours objected, alleging pathway usurpation. Court held that no impediment existed for survey, but required notice to affected neighbours and consideration of their objections. Directed respondents to complete survey and demarcation within eight weeks, with petitioner permitted to fence only within confirmed area. Held that natural justice required hearing objectors before finalising boundaries (Paras 1-8).
Issue of Consideration
Whether a writ of mandamus should be issued directing the revenue authorities to survey the petitioner's land and fix boundaries, given the pending civil suit and objections by neighbours.
Final Decision
The writ petition is disposed of, directing the respondents to conduct the survey based on the petitioner's application dated 01.01.2025, after giving advance notice to the neighbours Durairaj, Pandi, and Balasubramani, and considering their objections. The survey and demarcation shall be completed within eight weeks. If the petitioner's possession is confirmed, he may put up a fence only within the demarcated area and shall not encroach beyond. No costs.
Law Points
- Legal points not extracted
- writ of mandamus
- survey
- demarcation
- natural justice
- hearing objectors
