Madras High Court
Thangavel vs The District Collector on 12 July, 2023
W.P.No.9061 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.9061 of 2023 &
W.M.P.No.9187 of 2023
Thangavel ... Petitioner
Vs.
1.The District Collector
Dharmapuri District
Dharmapuri.
2.The Tahsildar
Pennagarm,
Pennagarm Taluk, Dharmapuri District.
3.The District Land Surveyor,
Dharmapuri District,
Dharmapuri.
4.The Taluk Surveyor,
Penagaram Taluk Office,
Penagaram Taluk, Dharmapuri District.
5.The Village Administrative Officer,
Parvathanahalli,
Penagaram Taluk, Dharmapuri District.
6.R.Jayalakshmi
7.A.Mageshwari ... Respondents
Page 1 of 7
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W.P.No.9061 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, forbearing the second and fourth
respondents from in any way survey the land in No.172/2 in Paruvathanaalli
Village, Pennagaram Taluk, Dharmapuri District by considering the
petitioner's representation dated 09.03.2023.
For Petitioner : Mr.M.Selvam
For Respondents 1 to 5 : Mr.D.Ravichander,
Special Government Pleader
For Respondents 6 & 7 : Not ready in notice
ORDER
The relief sought for in the present writ petition is to forbear the
second and fourth respondents from in any way survey the land in No.172/2
in Paruvathanaalli Village, Pennagaram Taluk, Dharmapuri District by
considering the petitioner's representation dated 09.03.2023
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
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W.P.No.9061 of 2023
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. 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
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W.P.No.9061 of 2023
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 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 /
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W.P.No.9061 of 2023
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. Accordingly, this Writ Petition stands disposed
of. No costs. Consequently, connected miscellaneous petition is closed.
12.07.2023
nl
Index : Yes
Speaking order
Neutral Citation : Yes
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W.P.No.9061 of 2023
To
1.The District Collector
Dharmapuri District
Dharmapuri.
2.The Tahsildar
Pennagarm,
Pennagarm Taluk, Dharmapuri District.
3.The District Land Surveyor,
Dharmapuri District,
Dharmapuri.
4.The Taluk Surveyor,
Penagaram Taluk Office,
Penagaram Taluk, Dharmapuri District.
5.The Village Administrative Officer,
Parvathanahalli,
Penagaram Taluk, Dharmapuri District.
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W.P.No.9061 of 2023
S.M.SUBRAMANIAM, J.
nl
W.P.No.9061 of 2023
12.07.2023
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