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cyberlawyer (barrister)     20 June 2014

Taluk surveyor not co-operating

Hello ld. members of the bar...

 

In execution proceeding, the advocate commissioner has to take the assistance of a taluk surveyor  for attachment. But it has been 10 months since the notice is served to the jurisidictional taluk surveyor, but no one is co-operating.

The officers in tahsildar office are hesitant to respond properly just saying that the surveyor to whom the notice is served has left the job and dont care to give the details of the surveyors who are existing now. They simply say that the surveyors have left the seat due to field work. 

To be frank, this is the place where advocates are treated badly and these rogues will obey only to court orders i suppose. 

So in the execution proceeding an application has to be filed for enforcing the taluk surveyor who is existing now to assist the advocate commissioner.  

Please tell me under what provision this application has to be filed in the EP in order to force the surveyor within a time frame. Is it like any warrant has to be issued for this purpose ?

thanx in advance



Learning

 5 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     20 June 2014

Since the Court has appointed a Commissioner  to do some assigned work  by issuing warrant to that effect, the Commissioner is legally entitled to get assistance from the public as well as from the Government officials to execute the warrant.

 

It is true that the taluk surveyors are not much cooperative in normal course. Such a situation, the Commissioner has  to issue written notice with appropriate directions to the concerned authority through his superior in office on proper acknowledgement.

 

If the notice is not properly responded without any acceptable reason to the satisfaction of the said commissioner, then the Commissioner can report the matter to the concerned Court and in turn the Court may take appropriate action by exercising its discretion power under section 151 C.P.C.


cyberlawyer (barrister)     21 June 2014

Thanx a lot . the letter has already been given to the taluka surveyor himself whom the commissioner says has left the office. Now is it mandatory to obtain permission of court to give another letter ?.Please tell me who is the superior who give directions to the taluk surveyor . So is it not necessary to file separate application for this purpose ?

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     21 June 2014

The notice to the taluk surveyor can be served through the concerned District Collector.

 

Normally,  judicial orders would be passed on application. Therefore, if notice is required to be sent through Court, Court may ask to file formal application. 

cyberlawyer (barrister)     22 June 2014

@ saleema..

Thank you very much. 

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     22 June 2014

@ Cyberlawyer. 

 

Welcome.


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