Madras High Court
Vijayakumar vs The Tahsildar on 13 October, 2023
W.A.(MD) No.1806 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.10.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD) No.1806 of 2023
and C.M.P.(MD) No.13789 of 2023
Vijayakumar ... Appellant/Petitioner
-Vs.-
1.The Tahsildar,
Usilampatti Taluk,
Madurai District.
2.The Sub Inspector of Police,
Elumalai Police Station,
Madurai District.
3.Rathinavalli
4.Elangovan
5.Jeyamani ... Respondents/Respondents
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent Act, to
set aside the order dated 11.07.2023 made in W.P.(MD)No.16620 of 2023
on the file of this Court.
For Appellants : Mr.D.Malaichamy
1/7
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W.A.(MD) No.1806 of 2023
For Respondents : Mr.T.Amjadkhan
Government Advocate
For R1 and R2
****
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The present intra-Court appeal has been instituted against the
order dated 11.07.2023, passed in W.P.(MD)No.16620 of 2023
2. Admittedly, the appellant before us preferred an application
before the Revenue Tahsildar to conduct survey of the land in Survey No.
105/15, situated at Jothilnayakanur Village, Usilampatti Taluk, Madurai
District. Since the application was not considered nor survey conducted,
the appellant was constrained to move a Writ Proceedings.
3. Learned Single Judge issued a direction to the appellant /
writ petitioner to produce relevant documents during enquiry. The
Tahsilar was further directed to pass appropriate order either to measure
the land or to reject the claim of the petitioner within a period of 12
weeks from the date of receipt of a copy of that order.
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W.A.(MD) No.1806 of 2023
4. Under the Tamil Nadu Survey and Boundaries Act, 1923, the
Survey Officer shall determine the boundaries by conducting survey.
However, survey is to be conducted, if there is no disputed issues
between the parties. In other words, if there is any objections from any
person to conduct survey on the ground of title, ownership etc., then the
Government Surveyor cannot conduct survey nor determine title or
ownership. The authorities competent, in such circumstances, are bound
to relegate the parties to approach the civil Court of Law for the purpose
of resolving the disputed facts. The power of civil Court cannot be
usurped by the revenue authorities or the Government Surveyor. Under
the Act, if the Surveyor conduct survey or refuse to conduct survey an
appeal may be preferred and finally Section 14 contemplates filing of a
civil suit before the competent civil Court. Thus, the scheme of the Act
itself contemplates, in the event of any grievance against the order of the
original authority or the appellate authority, the civil Court alone is
competent to decide the issues.
5. The Tamil Nadu Survey and Boundaries Act, 1923 was
enacted in the year 1923 and during that point of time, the boundaries
were not properly fixed and the Act was enforced for the purpose of
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W.A.(MD) No.1806 of 2023
settling the boundaries. 100 years lapsed from the date of enactment of
Survey and Boundaries Act. Now, the Act is pressed into service only for
the purpose of maintenance of revenue records, wherever sub-divisions
occurs and for fixation of boundaries. Therefore, the provisions of the
Act cannot be utilised for the purpose of resolving the civil dispute
between the parties. Forcible conduct of survey is also impermissible and
in the event of a dispute Section 9 of the Act provides power to the
Survey Officer to determine and record an undisputed boundary.
6. Sub-section (1) to Section 10 states that “where a boundary
is disputed, the survey officer, after making such inquiry as he considers
necessary, shall determine the boundary and record it in accordance with
his decision. The survey officer shall record in writing the reasons for his
decision.” The power conferred on the Survey Officer to conduct survey
in respect of the disputed lands cannot be expanded for the purpose of
determining disputes of civil nature including title, ownership etc. More
so, such issues cannot be determined by way of summary procedures and
it is to be decided only by the competent civil Court of Law. Thus,
Section 10 of the Act cannot be misconstrued for conferring power to
Survey Officer to resolve the disputes of civil nature or to reject the
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W.A.(MD) No.1806 of 2023
application by considering title, ownership or otherwise. Therefore, the
spirit of Section 10 is to be restricted only to the extent of verification of
documents for conducting survey for fixation of boundaries and not to
resolve the title dispute or boundary dispute between the parties. In other
words, power of civil Court cannot be usurped by the Survey Officer
under the provisions of the Act.
7. In view of the above principles and the scope of the Survey
and Boundaries Act, we find that the power conferred on the Survey
Officer to reject the claim of the appellant by the learned Single Judge is
beyond the jurisdiction conferred on the Survey Officer under the Survey
and Boundaries Act. Thus, we are inclined to allow the Writ Appeal only
insofar the directions issued to the first respondent to reject the claim of
the appellant, if the survey officer finds any grounds to do so. Such a
power has not been conferred.
8. Accordingly, the order dated 11.07.2023 passed in W.P.(MD)
No.16620 of 2023 is set aside. The first respondent Tahsildar,
Usilampatti, is directed to consider the application of the appellant under
the provisions of the Survey and Boundaries Act and taking note of
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W.A.(MD) No.1806 of 2023
observations made by us in the present order. It is made clear that in the
event of any title dispute or disputes of civil nature, parties are to be
relegated to approach the civil Court.
9. Accordingly, the Writ Appeal stands allowed. No costs.
Consequently, connected Civil Miscellaneous Petition is closed.
[S.M.S.J.,] & [V.L.N.J.,]
NCC :Yes/No 13.10.2023
Index :Yes/No
SJ
To
1.The Tahsildar,
Usilampatti Taluk,
Madurai District.
2.The Sub Inspector of Police,
Elumalai Police Station,
Madurai District.
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1806 of 2023
S.M.SUBRAMANIAM, J.
AND
V. LAKSHMINARAYANAN, J.
SJ
W.A.(MD) No.1806 of 2023
13.10.2023
https://www.mhc.tn.gov.in/judis
