S.P.Mayan vs M.Vijaya
2023 Latest Caselaw 13608 Mad

                                                                                W.A.(MD)No.1747 of 2023


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 06.10.2023

                                                      CORAM:

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                        AND
                          THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                           W.A.(MD)No.1747 of 2023
                                                     and
                                          C.M.P.(MD)No.13303 of 2023

                S.P.Mayan                                              ... Appellant / 3rd party
                                                         Vs.


                1.M.Vijaya
                2.The District Collector,
                  Collectorate, Theni District.

                3.The Revenue Divisional Officer,
                  O/o.Revenue Divisional Officer,
                  Periyakulam, Theni District.

                4.The Tahsildar,
                  Taluk Office, Periyakulam,
                  Theni District.

                5.The Taluk Surveyor,
                  Periyakulam Taluk Office,
                  Periyakulam, Theni District.                         ... Respondents




                1/4


https://www.mhc.tn.gov.in/judis
                                                                                      W.A.(MD)No.1747 of 2023


                PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
                the order passed in W.P.(MD)No.13867 of 2023, dated 12.06.2023 on the file of
                this Court.


                                          For Appellant     : Mr.M.Jerin Mathew
                                          For R2 to R5      : Mr.S.Kameswaran,
                                                             Government Advocate


                                                          JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

The order dated 12.06.2023 passed in W.P.(MD)No.13687 of 2023 is

under challenge in the present intra-Court appeal filed by a third party, who was

not the respondent in the original Writ Petition.

2.The apprehension of the appellant is that the Government Surveyors

are initiating action to survey the private property, where there are objections and

civil suits instituted are pending before the competent civil Court of law.

3.We are of the considered opinion that the Government Surveyors are

empowered to conduct a survey in respect of the Government lands as per the

revenue records by invoking the provisions of the Tamil Nadu Survey and

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1747 of 2023

Boundaries Act, 1923. There is no impediment to conduct survey of the

Government properties and fix boundaries under the provisions of the said Act.

As far as the private lands are concerned, as rightly pointed out by the learned

counsel for the appellant, the parties may resolve the issues through competent

civil Court of law in the civil suit already instituted in O.S.No.07 of 2022 on the

file of the District Munsif Court, Periyakulam.

4.With this clarification, this Writ Appeal stands disposed of. No costs.

Consequently, connected miscellaneous petition is closed.

                                                                    (S.M.S., J.) & (V.L.N., J.)
                                                                               06.10.2023
                NCC      : Yes / No
                Index : Yes / No
                Internet : Yes / No

                Yuva

                To

                1.The District Collector,
                  Collectorate, Theni District.

2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Periyakulam, Theni District.

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1747 of 2023

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

Yuva

3.The Tahsildar, Taluk Office, Periyakulam, Theni District.

4.The Taluk Surveyor, Periyakulam Taluk Office, Periyakulam, Theni District.

W.A.(MD)No.1747 of 2023

06.10.2023

https://www.mhc.tn.gov.in/judis