G.Saraswathy vs District Collector
2023 Latest Caselaw 4302 Mad

                                                                                  W.P.No.11524 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 17.04.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE M.S.RAMESH

                                                  W.P.No.11524 of 2023

                    G.Saraswathy                                            ...Petitioner

                                                          -Vs-

                    1.District Collector,
                      Namakkal.

                    2.District Revenue Officer,
                      Namakkal District.

                    3.The Revenue Divisional Officer,
                      Thiruchengode Taluk,
                      Namakkal District.

                    4.Tahsildar,
                      Thiruchengode Taluk,
                      Namakkal District.                                    ...Respondents

                    PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
                    praying to issue a Writ of Mandamus, directing the 1st respondent to measure
                    the property in S.No.88/3A and S.No.88/3B, Kottapalayam Village,
                    Thirucehngode Taluk, as per the judgment dated 25.03.2022 in Second
                    Appeal No.302/2012 and permit the petitioner to put a fence in petitioner
                    property in S.No.88/3A and S.No.88/3B.

                    1/4

https://www.mhc.tn.gov.in/judis
                                                                                         W.P.No.11524 of 2023




                                           For Petitioner      : Mr.R.Subramanian

                                           For Respondents : Mr.P.Sathish
                                                             Additional Government Pleader

                                                            ORDER

With the consent of both the parties, this Writ Petition is taken up for

final disposal at the admission stage itself.

2.The prayer sought for in the present Writ Petition is to direct the first

respondent to survey the petitioner's land bearing S.No.88/3A and

S.No.88/3B, Kottapalayam Village, Thirucehngode Taluk. In this regard, the

petitioner herein had also made an application to the fourth respondent on

13.01.2023.

3.The second portion of the prayer seeking for permission to put up a

fence could be considered at a later stage, if the property is measured, by

giving an opportunity to the petitioner to give a separate representation in

this regard.

https://www.mhc.tn.gov.in/judis W.P.No.11524 of 2023

4. While Section 9 of the Tamil Nadu Survey and Boundaries Act,

1923, deals with the power of a Survey Officer to determine and record an

undisputed boundary, Section 10 deals with such powers over disputed

properties. The cost for such survey is required to be borne by the persons

interested in the lands to be surveyed, as per Section 8 of the Act. Thus, when

the Act empowers the concerned Survey Officer to comply with the request

of a person seeking for survey or demarcation of boundaries of his land, he is

required to comply with such a request within a reasonable time.

5. In the light of the above findings, there shall be a direction to the

fourth respondent herein to consider the petitioner's representation dated

13.01.2023 and conduct a survey in the subject lands, after receipt of the cost

of the survey from the petitioner, if not already received, and after giving due

notice to the registered holders of the land, including the adjacent owners of

the subject lands, as well as other persons who may be affected, owing to the

survey to be conducted in the subject lands and the survey report thereof shall

be communicated to all such persons, within a period of four weeks from the

date of receipt of a copy of this order.

https://www.mhc.tn.gov.in/judis W.P.No.11524 of 2023

M.S.RAMESH,J.

hvk

6. With the above directions, the Writ Petition stands disposed of. No

costs.

17.04.2023 Index:Yes/No Internet:Yes/No hvk

To

1.The District Collector, Namakkal.

2.The District Revenue Officer, Namakkal District.

3.The Revenue Divisional Officer, Thiruchengode Taluk, Namakkal District.

4.The Tahsildar, Thiruchengode Taluk, Namakkal District.

W.P.No.11524 of 2023

https://www.mhc.tn.gov.in/judis