Madras High Court
V.Sivaprakasam vs The District Collector on 1 August, 2023
W.P.No.22675 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.22675 of 2023
V.Sivaprakasam ... Petitioner
Vs.
1.The District Collector,
Office of District Collector,
Cuddalore,
Cuddalore District.
2.The Tahsildhar,
Office of Thasildhar,
Srimushnam,
Cuddalore District.
3.The Taluk Surveyor,
Srimushnam Taluk Office,
Srimushnam,
Cuddalore District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents 1 to 3 to dispose of
the petitioner representation dated 15.04.2023 to measure the land in Survey
No.442/2 A to extent of 0.14 Ares (0.34) cents, Kavanoor Village,
Srimushnam Taluk, Cuddalore District.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.22675 of 2023
For Petitioner : Mr.C.Venkatesan
For Respondents : Mr.C.Jayaprakash,
Government Advocate
ORDER
The writ petition has been filed for directing the respondents 1 to 3 to
dispose of the representation dated 15.04.2023 submitted by the petitioner
to measure the land in Survey No.442/2 A to extent of 0.14 Ares (0.34)
cents, Kavanoor Village, Srimushnam Taluk, Cuddalore District.
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 & etc., 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”.
https://www.mhc.tn.gov.in/judis
W.P.No.22675 of 2023
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. 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.
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W.P.No.22675 of 2023
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 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.
https://www.mhc.tn.gov.in/judis
W.P.No.22675 of 2023
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.
4. Accordingly, this Writ Petition stands disposed of. No costs.
01.08.2023
skr
Index : Yes
Speaking order
To
1.The District Collector,
Office of District Collector,
Cuddalore,
Cuddalore District.
2.The Tahsildhar,
Office of Thasildhar,
Srimushnam,
Cuddalore District.
3.The Taluk Surveyor,
Srimushnam Taluk Office,
Srimushnam,
Cuddalore District.
https://www.mhc.tn.gov.in/judis
W.P.No.22675 of 2023
S.M.SUBRAMANIAM, J.
skr
W.P.No.22675 of 2023
01.08.2023
https://www.mhc.tn.gov.in/judis
