Madras High Court
Tamil Nadu Survey Officers Union ... vs The Revenue Divisional Officer on 16 July, 2021
W.A.(MD).No.1457 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.07.2021
CORAM:
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM
AND
The Hon'ble Mrs.JUSTICE S.ANANTHI
W.A.(MD).No.1457 of 2021
and
C.M.P(MD) No.5973 of 2021
Tamil Nadu Survey Officers Union (Central)
represented by its General Secretary
J. Raja, having its office at Rice Mill Street,
Nallavanpalayam,
Tiruvannamalai. ..Appellant / 3rd party / 3rd party
Vs.
1.The Revenue Divisional Officer,
O/o The Revenue Divisional Office
Madurai,
Madurai District.
2.The Thasildar
Madurai West Taluk,
Madurai,
Madurai District.
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W.A.(MD).No.1457 of 2021
3.The Town Surveyor
Madurai West Circle,
Collectorate,
Madurai.
4.The Village Administrative Officer,
Ponmeni Village,
Madurai Town and District.
....Respondents 1 to 4/ Respondents 1 to 4 / Respondents 1 to 4
5.Asaithambi ....5th Respondent/ 1st Respondent / Writ Petitioner
6.Mahendran ....6th Respondent/ 2nd Respondent / 5th Respondent
Prayer: Writ Appeal is filed under Clause 15 of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.M.P.(MD)
No. 14711 of 2020 in W.P.(MD) No.13465 of 2020 dated 04.12.2020 on
the file of this Court.
For Appellant : Mr.B.Saravanan
for C.Jeganathan
For Respondents 1 to 4 : Mr.R.Baskaran,
Standing Counsel for Government
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W.A.(MD).No.1457 of 2021
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
This appeal is directed against the order, dated 04.12.2020
passed in W.M.P.(MD)No. 14711 of 2020 in W.P.(MD)
No.13465 of 2020.
2.Heard Mr.P.Saravanan, learned counsel for
Mr.C.Jeganadhan, learned counsel for the petitioner and
Mr.R.Baskaran, learned Standing Counsel for Government appearing for
the respondents 1 to 4.
3.Since the scope of the appeal, which has been filed by the
petitioner herein, would have no impact on the rights and contentions of
the respondents 5 & 6, notice to the respondents 5 & 6 is dispensed with.
4.The petitioner Union is registered under the provisions of
the Tamil Nadu Societies Registration Act, 1975, bearing Registration
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W.A.(MD).No.1457 of 2021
No.98 of 1981 approved by the Government of Tamil Nadu vide
G.O.Ms.No.896, Personnel and Administrative Reforms (Personnel.K)
Department, dated 26.08.1981. The members of the petitioner-Society are
all Surveyors working in various Districts in the State of Tamil Nadu.
5. The petitioner Association is aggrieved by the direction
issued by the learned Single Bench of this Court in W.M.P(MD).Nos.
14711 of 2020 in W.P(MD).No.13465 of 2020 dated 04.12.2020.
6.The said Writ Petition was filed by the fifth respondent
herein and the prayer sought for was to forbear the official respondents
from surveying his property, by adverting to the orders passed by the
Revenue Divisional Officer, dated 31.12.2015. The said Writ Petition
was disposed of by order, dated 05.10.2020, directing the Tahsildar,
Madurai West Taluk, to depute a devoted and honest Surveyor for
surveying the property in question in the presence of both parties and
send a report to the authorities concerned. The entire exercise was
directed to be done within the time frame. Thus, the fifth respondent/writ
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W.A.(MD).No.1457 of 2021
petitioner appears to be fully satisfied with the direction issued in the
writ petition. The learned Writ Court, thereafter proceeded to draw
certain guidelines, which have to be followed in respect of survey of the
properties.
7. We note that the Writ Petition was not a Public Interest
Litigation, but filed by an individual concerning his property rights.
Nevertheless, the learned Writ Court took upon itself, the responsibility
of framing guidelines in order to ensure that the Survey Department in
the State functions with utmost devotion to work and integrity. In the
said order, other directions were issued to the Government and there is
also a specific direction to issue a circular. The Additional Chief
Secretary to the Government Revenue and Disaster Management
Department, Chennai, filed a Miscellaneous Petition in W.M.P(MD).
No.14711 of 2020, seeking extension of time, by a period of three
months to enable the Government to examine and issue a circular. In this
petition, the learned Single Bench has passed the order, dated
04.12.2020. In the said order, the learned Single Bench has extracted a
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W.A.(MD).No.1457 of 2021
covering letter given by the department to the learned Additional
Advocate General, dated 28.10.2020 and after noting the same, the time
was extended for compliance of the earlier direction till first week of
June, 2020. Thereafter, the learned Single Bench proceeded to pass an
order concerning the transfer of the Surveyors in the State of Tamil Nadu.
The direction is to the following effect.
"The Government is expected to ensure that same
surveyor is not retained in one particular place / area for
more than two years to avoid vested interest created.
Quoting this order, all the surveyors may be intimated
that the period is only limited. But, it can be extended,
and, in any event, even on medical grounds, total period
shall not exceed three years. This will enable them to not
to leave during the middle of the academic year."
8.The petitioner is aggrieved by the said direction. It is
pointed out by Mr.P.Saravanan, learned counsel for the petitioner that
this direction supersedes the Government Order in G.O.Ms.No.10,
Personnel and Administrative Reforms Department, dated 07.01.1994,
which was sent for the approval of the Governor. The said Government
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W.A.(MD).No.1457 of 2021
Order reads as follows :
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W.A.(MD).No.1457 of 2021
9. It appears that G.O.Ms.No.10 dated 07.01.1994 still holds
the field. In fact, in the Judicial Department in respect of the Hon'ble
Judges of the District Judiciary, the transfer once in three years is
adopted, subject to the course of exigencies, which will be considered by
the High Court. We find that the direction contained in the paragraph
No.4 of the order, dated 04.12.2020 (supra), set at naught the
Government Order in G.O.Ms.No.10, dated 07.01.1994.
10.In our considered view, the lis before the learned Writ
Court was at the instance of the private party concerning survey of his
property. Thus, prima facie we are of the view, that in such a matter, the
Court may not be justified in going beyond the scope of the prayer
sought for and issuing direction, especially when the Writ Petition was
not a Public Interest Litigation and the case was not heard by the Hon'ble
Division Bench, to which Public Interest Litigations are assigned by the
Hon'ble Chief Justice.
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W.A.(MD).No.1457 of 2021
11.That apart, a direction contained in paragraph No.4 supra,
is an en-route to the administrative affairs of the Government. Therefore,
we are of the view, that such a direction could not have been issued. It is
one thing to say if the Government themselves review the policy and
adopt the new policy that may be a different matter. But, as a Writ Court,
dealing with a case concerning the interest of the private individual, qua
his property such direction could not have been issued. Unfortunately,
the Commissioner of Survey and Settlement also appears to have not
been appraised of this legal position and proceeded to hurriedly issue a
circular in R.C.M2/404/2021 dated 08.06.2021. This in our view, cannot
be sustained on account of our finding that the direction contained in
paragraph No.4 of the order, dated 04.12.2020, was clearly beyond the
scope of the Writ Petition.
12.For the above reason, the Writ Appeal is allowed, the
order and direction issued in paragraph 4 of the order, dated 04.12.2020
in W.M.P.(MD).No.14711 of 2020 in W.P(MD).No.13465 of 2020, are
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W.A.(MD).No.1457 of 2021
set aside and consequently, the proceedings of the Commissioner of
Survey and Settlement, Chennai in R.C.No.M2/404/2001 (S.Y),
dated 08.06.2021, is set aside and the Commissioner of Survey and
Settlement is directed to issue a circular stating that the transfers and
postings shall be governed by the G.O.Ms.No.10, dated 07.01.1994, till
the Government takes any new fresh decision and passes fresh
Government order. No costs. Consequently, connected miscellaneous
petition is closed.
(T.S.S., J.) & (S.A.I., J.)
16.07.2021
Index : Yes/No
Internet : Yes/No
kmm/rm
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
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W.A.(MD).No.1457 of 2021
To
1.The Revenue Divisional Officer,
O/o The Revenue Divisional Office
Madurai,
Madurai District.
2.The Thasildar
Madurai West Taluk,
Madurai,
Madurai District.
3.The Town Surveyor
Madurai West Circle,
Collectorate,
Madurai.
4.The Village Administrative Officer,
Ponmeni Village,
Madurai Town and District.
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W.A.(MD).No.1457 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
kmm/rm
W.A.(MD).No.1457 of 2021
16.07.2021
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