Madras High Court
B.Ashok Kumar vs The Tahsildar on 14 September, 2023
W.P.No.27073 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.27073 of 2023
B.Ashok Kumar ... Petitioner
Vs.
The Tahsildar,
Tahsildar Office,
Vandalure Taluk,
Chengalpattu District. ... Respondent
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondent to survey, identify and
measure the property bearing Plot No.79, measuring to an extent of 2180 sq.ft
comprised in Survey No.261A/3C2 vide Layout known as “D.S.Nagar”
situated at Vandalure Village, Vandalure Taluk, Chengalpattu District and
within the Sub-Registration District of Guduvancherry and Registration
District of South Chennai and situated within the limits of Vandalure
Panchayat in Kattangulathur Panchayat Union as per petitioner representation
dated 18.07.2023.
For Petitioner : Mrs.Kanimozhi Mathi
For Respondent : Mr.T.ArunKumar,
Additional Government Pleader
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.27073 of 2023
ORDER
The Writ Petition has been filed directing the respondent to survey,
identify and measure the property bearing Plot No.79, measuring to an extent
of 2180 sq.ft comprised in Survey No.261A/3C2 vide Layout known as
“D.S.Nagar” situated at Vandalure Village, Vandalure Taluk, Chengalpattu
District and within the Sub-Registration District of Guduvancherry and
Registration District of South Chennai and situated within the limits of
Vandalure Panchayat in Kattangulathur Panchayat Union as per petitioner
representation dated 18.07.2023.
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 & etc., 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”.
https://www.mhc.tn.gov.in/judis
W.P.No.27073 of 2023
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 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.
https://www.mhc.tn.gov.in/judis
W.P.No.27073 of 2023
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 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.27073 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.
14.09.2023
skr
Index : Yes
Speaking order
To
The Tahsildar,
Tahsildar Office,
Vandalure Taluk,
Chengalpattu District.
https://www.mhc.tn.gov.in/judis
W.P.No.27073 of 2023
S.M.SUBRAMANIAM, J.
skr
W.P.No.27073 of 2023
14.09.2023
https://www.mhc.tn.gov.in/judis
