Madras High Court
M.Chandira vs The Tahsildar on 31 March, 2023
W.P.No.10059 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.10059 of 2023
M.Chandira ...Petitioner
Vs
1.The Tahsildar,
Krishnagiri.
2.The Town Surveyor,
Municipality Office,
Gandhi Road,
Krishnagiri.
3.The Inspector of Police,
Town Police Station,
Krishnagiri. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, directing the respondents 1 and 2 to
carry on the field inspection with the aid of 3 rd respondent in Town
S.No.16/4 to the extent of 0.1020.0 square meter situated at Boganapalli
Village, Krishnagiri Taluk & District and consequently direct the
respondents to issue patta in favour of the petitioner, pursuant to the
judgment and decree passed in O.S.No.43 of 2013 on the file of the
1/6
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W.P.No.10059 of 2023
District Munsif Court, Krishnagiri dated 25.10.2016 within the time
frame fixed by this Court.
For Petitioner : Mr.J.Pradeep
For Respondents : Mr.P.Sathish,
Additional Government Pleader
ORDER
With the consent of both the parties, this Writ Petition is taken up
for final disposal at the admission stage itself.
2.The prayer sought for in the present Writ Petition is to direct the
Tahsildar concerned to survey the petitioner's land in Town S.No.16/4 to
the extent of 0.1020.0 square meter situated at Boganapalli Village,
Krishnagiri Taluk & District and consequently to issue patta. In this
regard, the petitioner herein had also given a representation to the first
first and second respondents on 10.11.2022.
3.Though the petitioner herein has sought for a direction to survey
the land, as well as for grant of patta, this Court is of the view that the
Tahsildhar shall be directed to conduct a survey alone for the present and
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W.P.No.10059 of 2023
thereafter, the claim for issuance of patta can be considered at a later
stage.
4.While Section 9 of the Tamil Nadu Survey and Boundaries Act,
1923, deals with the power of a Survey Officer to determine and record
an undisputed boundary, Section 10 deals with such powers over
disputed properties. The cost for such survey is required to be borne by
the persons interested in the lands to be surveyed, as per Section 8 of the
Act. Thus, when the Act empowers the concerned Survey Officer to
comply with the request of a person seeking for survey or demarcation of
boundaries of his land, he is required to comply with such a request
within a reasonable time.
5.In the light of the above findings, there shall be a direction to the
first respondent herein to consider the petitioner's representation dated
10.11.2022 and conduct a survey in the subject lands, after receipt of the
cost of the survey from the petitioner, if not already received, and after
giving due notice to the registered holders of the land, including the
adjacent owners of the subject lands, as well as other persons who may
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W.P.No.10059 of 2023
be affected, owing to the survey to be conducted in the subject lands and
the survey report thereof shall be communicated to all such persons,
within a period of four weeks from the date of receipt of a copy of this
order.
6.With the above directions, the Writ Petition stands disposed of.
No costs.
31.03.2023
Index:Yes/No
Speaking order/Non-speaking order
hvk
https://www.mhc.tn.gov.in/judis
W.P.No.10059 of 2023
To
1.The Tahsildar,
Krishnagiri.
2.The Town Surveyor,
Municipality Office,
Gandhi Road,
Krishnagiri.
3.The Inspector of Police,
Town Police Station,
Krishnagiri.
https://www.mhc.tn.gov.in/judis
W.P.No.10059 of 2023
M.S.RAMESH,J.
hvk
W.P.No.10059 of 2023
31.03.2023
https://www.mhc.tn.gov.in/judis
