L.James Vincent vs The Tahsildar
2023 Latest Caselaw 11615 Mad

                                                                                    W.P.No.25578 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 31.08.2023

                                                              CORAM

                                  THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                      W.P.No.25578 of 2023

                     L.James Vincent                                            ...Petitioner

                                                               Vs.

                     1.The Tahsildar,
                       Thirukalukundram Taluk,
                       Thirukalukundram,
                       Chengalpattu District.

                     3.The Head Surveyor,
                       District Surveyor Office,
                       Chengalpattu,
                       Chengalpattu District.                                   ...Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Mandamus, directing the respondents to take necessary
                     steps to survey, mark boundaries of the petitioner's lands and duly issue him
                     FMB Sketch for the same on the basis of the payment made in the Challan
                     dated 13.02.2023 within a time frame.


                                     For Petitioner       :     Ms.R.Gobika

                                     For Respondents :          Mr.P.Sanjay Gandhi
                                                                Government Advocate.

                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                          W.P.No.25578 of 2023

                                                              ORDER

The relief sought for in the present writ petition is to direct the

respondents to take necessary steps to survey, mark boundaries of the

petitioner's lands and duly issue him FMB Sketch for the same on the basis of

the payment made in the Challan dated 13.02.2023 within a time frame.

2.The issues raised in the present writ petition were adjudicated by this

Court in a batch of writ petitions in W.P.No.37519 of 2016 [S.Sakkarai Vs.

The Tashildhar, Dharmapuri District] etc., and batch, and a judgment was

delivered on 19.06.2023 and the relevant paragraphs of the judgment are

extracted hereunder:

“36. Section 9 of the Code of Civil Procedure unambiguously contemplates that “The Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

37. Therefore, a special enactment has no relevance with reference to a right of the parties to approach the competent Civil Court of law to resolve all nature of civil disputes including boundary dispute, survey dispute, title dispute, ownership or otherwise.

https://www.mhc.tn.gov.in/judis W.P.No.25578 of 2023

Therefore, neither the parties nor the authorities need to create an impression that in the event of boundary dispute, the parties have to approach the authorities at the first instance. It is not required that the aggrieved persons, in the event of boundary dispute has to approach the authorities for fixing the boundary, they are at liberty to approach the Civil Court of law under Section 9 of the Code of Civil Procedure, which is unambiguous in this regard.

38. Submitting an application for fixing boundary is an option available to the aggrieved persons. Once an application is filed, whether the application is entertainable under the provisions of the Act is to be determined by the authorities and only if it is falling within the ambit of the Act, then alone the survey or fixing of boundary is to be undertaken. Even in this case, the authorities are bound to relegate the parties to the competent Civil Court of law under Section 14 of the Act.

39. It is contended by the petitioner that the authorities are making certain findings regarding the title, ownership in their order, while rejecting the applications. Such findings made by the authorities

https://www.mhc.tn.gov.in/judis W.P.No.25578 of 2023

either in the patta proceedings or in the proceedings under the Survey and Boundaries Act are restricted and to be understood only for the purpose of arriving a conclusion under the provisions of the Act and the said patta proceedings or the proceedings under the Survey and Boundaries Act would not confer any title or be taken as a conclusive decision, more specifically under Section 35 of the Evidence Act.

40. Accordingly, the respondents are directed to consider the representations / applications submitted by the petitioners in the order of seniority and by following the procedures as contemplated under the Governmental orders and in consonance with the provisions of the Survey and Boundaries Act, 1923 and pass appropriate orders on merits and in accordance with law. Wherever the applications are already disposed of and appeals provided under the Act has been filed, then such appeals are to be decided on merits and in consonance with the provisions of the Survey and Boundaries Act.”

3. In view of the fact that the case of the petitioner is also similar to

that of the cases (cited supra), the case of the petitioner is also to be

considered on the same line.

https://www.mhc.tn.gov.in/judis W.P.No.25578 of 2023

4. Accordingly, this Writ Petition stands disposed of. No costs.

31.08.2023 cse Index:Yes/No Neutral Citation:Yes/No Speaking order/Non-speaking order

To

1.The Tahsildar, Thirukalukundram Taluk, Thirukalukundram, Chengalpattu District.

3.The Head Surveyor, District Surveyor Office, Chengalpattu, Chengalpattu District.

https://www.mhc.tn.gov.in/judis W.P.No.25578 of 2023

S.M.SUBRAMANIAM, J.

cse

W.P.No.25578 of 2023

31.08.2023

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