Madras High Court
J.Premalatha vs The Tahsildar on 30 June, 2023
W.P.No.19337 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.19337 of 2023
1.J.Premalatha
2.S.Vijayalakshmi
3.P.Jayanthi ... Petitioners
Vs.
1.The Tahsildar,
Vandalur Taluk,
GST Road, Near Vandaloor Zoo,
Otteri, Peerkankaranai,
Chengalpattu – 600 048.
2.The Assistant Director of Survey and
Land Register,
Collectorate Campus, Chengalpattu – 603 001.
3.The Head Surveyor,
Vandalur Taluk,
GST Road, Near Vandaloor Zoo,
Otteri, Peerkankaranai,
Chengalpattu – 600 048.
4.M.Vijay Anand ...
Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
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W.P.No.19337 of 2023
issuance of a Writ of Mandamus, directing the 2nd Respondent to carry out the
sub -division / amendment in the revenue record by carrying out the sub
division of 41 in survey Field No.1 which is admeasuring to an extent of Ace
1.08 cents situated at Kolapakkam village, Guduvancherry Firka, Vandalur
Taluk, Chengalpattu District and include the same in the concerned revenue
records of the Taluk office by considering the Petitioner's Representation
dated 08.11.2022 within a time frame fixed by this Honble Court.
For Petitioners : Mr. M. Vijay Anand
For R1 to R3 : Mr.D.Ravichander
Special Government Pleader
ORDER
The relief sought for in the present writ petition is to direct the 2nd
Respondent to carry out the sub -division / amendment in the revenue record
by carrying out the sub division of 41 in survey Field No.1, which is
admeasuring to an extent of Ace 1.08 cents situated at Kolapakkam village,
Guduvancherry Firka, Vandalur Taluk, Chengalpattu District and include the
same in the concerned revenue records of the Taluk office by considering the
representation of the petitioner dated 08.11.2022.
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W.P.No.19337 of 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
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
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W.P.No.19337 of 2023
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 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
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W.P.No.19337 of 2023
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.
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W.P.No.19337 of 2023
4. Accordingly, this Writ Petition stands disposed of. No costs.
30.06.2023
(1/2)
kak
Index : Yes
Speaking order
Neutral Citation : Yes
To
1.The Tahsildar,
Vandalur Taluk,
GST Road, Near Vandaloor Zoo,
Otteri, Peerkankaranai,
Chengalpattu – 600 048.
2.The Assistant Director of Survey and
Land Register,
Collectorate Campus, Chengalpattu – 603 001.
3.The Head Surveyor,
Vandalur Taluk,
GST Road, Near Vandaloor Zoo,
Otteri, Peerkankaranai,
Chengalpattu – 600 048.
https://www.mhc.tn.gov.in/judis
W.P.No.19337 of 2023
S.M.SUBRAMANIAM, J.
kak
W.P.No.19337 of 2023
(1/2)
30.06.2023
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