P.Murugesan vs The Tahsildar
2023 Latest Caselaw 8585 Mad

Citation : 2023 Latest Caselaw 8585 Mad
Judgement Date : 19 July, 2023

Madras High Court

P.Murugesan vs The Tahsildar on 19 July, 2023

                                                                                     W.P.No.21234 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 19.07.2023

                                                           CORAM

                           THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                     W.P.No.21234 of 2023

                     P.Murugesan                                                 ... Petitioner

                                                             Vs.

                     1.The Tahsildar,
                       Office of Tahsildar,
                       Salem.

                     2.The Surveyor,
                       Valasaiyur Firka,
                       Manakadu, Salem – 8.                                      ... Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Mandamus, directing the respondents herein to survey
                     the property comprise in SF.No.79/2B, Thadhanur Village, salem District and
                     issue separate patta in the name of petitioner by considering the
                     representation of the petitioner herein dated 20.03.2023.


                                    For Petitioner            : Mr.R.Nalliyappan

                                    For Respondents           : Mr.P.Sanjay Gandhi
                                                                Government Advocate




                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                           W.P.No.21234 of 2023


                                                             ORDER

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

respondents to survey the property comprised in SF.No.79/2B, Thadhanur

Village, salem District and issue separate patta in the name of petitioner by

considering the representation of the petitioner dated 20.03.2023.

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

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

https://www.mhc.tn.gov.in/judis W.P.No.21234 of 2023

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.

39. It is contended by the petitioner that the authorities are making certain findings regarding

https://www.mhc.tn.gov.in/judis W.P.No.21234 of 2023

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.21234 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.

19.07.2023

Jeni Index : Yes Neutral Citation : Yes Speaking order

1.The Tahsildar, Office of Tahsildar, Salem.

2.The Surveyor, Valasaiyur Firka, Manakadu, Salem – 8.

https://www.mhc.tn.gov.in/judis W.P.No.21234 of 2023

S.M.SUBRAMANIAM, J.

Jeni