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2014 Supreme(Mad) 160

High Court of Judicature at Madras
M. VENUGOPAL, J.
Mallika
Versus
The District Collector, Erode District & Others
W.P. No. 32282 of 2012
Decided on: 27-01-2014

Advocates Appeared:
For the Petitioner: No Appearance.
For the Respondents: S. Navaneetham, Special Govt. Pleader.

The main legal point established in the judgment is the court's authority to direct the government to conduct a land survey and fix boundaries in accordance with the provisions of the Tamil Nadu Survey and Boundaries Act, 1923.

Headnote:

Survey and Boundaries Act - Land Survey - The court directed the government to consider the petitioner's representation for conducting a survey and measuring the land to fix boundaries in accordance with the provisions of the Tamil Nadu Survey and Boundaries Act, 1923.

Fact of the Case:

The petitioner sought a writ of mandamus to direct the government to conduct a survey and measure the land to fix boundaries in Survey No.812/4, Sikkarasampalayam Village, Sathyamangalam Taluk, Erode District.

Finding of the Court:

The court directed the respondents to consider the petitioner's representation within six weeks and allowed the petitioner to submit a copy of the representation to the Tahsildhar within one week. The writ petition was disposed of with this direction.

Issues: The main issue was the failure of the government to take action on the petitioner's representation for conducting a land survey and fixing boundaries.

Ratio Decidendi: The court relied on the provisions of the Tamil Nadu Survey and Boundaries Act, 1923, which empowers the government to appoint survey officers, direct surveys of government land, and determine boundaries. The court's decision was influenced by the petitioner's limited prayer for directing the respondents to conduct a survey and measure the land in accordance with the Act.

Final Decision: The court directed the government to consider the petitioner's representation for conducting a survey and measuring the land to fix boundaries within six weeks, and allowed the petitioner to submit a copy of the representation to the Tahsildhar within one week.

JUDGMENT

1. According to the Petitioner, the Government of Tamil Nadu issued land measuring 0.66.0 Ares under the special plan of issuing agricultural lands to landless poor agricultural families in Survey No.812/4, Sikkarasampalaym Village on the basis of document No.26009/2006, A6 dated 15.12.2006. He made a representation to the First Respondent/District Collector, Erode and the Second Respondent/Tahsildar, Sathyamangalam Taluk, Erode District on 21.03.2012 in regard to the same Patta land to survey the proper and fixed boundaries. However, no action was taken on his representation dated 21.03.2012. Hence, he has filed the present Writ of Mandamus before this Court.

2. It is to be noted that Section 4 of the Tamil Nadu Survey and Boundaries Act, 1923 speaks of the State Government to appoint Survey Officers. Section 5 of the Act enjoins that State Government may direct the survey of Government land or of any boundary of such land. As a matter of fact, Section 7 of the Act deals with 'Survey Officer to carry out the survey in the prescribed manner.' The ingredients of Section 8 of the Act speaks of 'Cost to be charged to persons interested in the lands surveyed'. Section 9 enjoins that the Power of Survey Officer to determine and record an undisputed boundary. Section 10 refers to the Power of Survey Officer to determine and record a disputed boundary. In fact Section 11 of the Act speaks of appeal against orders under Section 9 or 10. Section 12 mentions the period within which the appeal should be preferred. Section 12-A of the Act deals with 'Second appeal'. Section 12-B of the Act speaks of 'Revision'.

3. In view of the limited prayer of the petitioner in the writ petition praying for passing of an order by this Court in directing the Respondents to conduct survey and measure the land and to fix four boundaries in Survey No.812/4., Sikkarasampalayam Village, Sathyamangalam Taluk, Erode District, this Court directs the respondents to consider the representation of the petitioner dated 21.03.2012 within a period of six weeks from the date of receipt of a copy of this order. It is also open to the petitioner to submit a copy of the representation dated 21.03.2012, to the Second Respondent/Tahsildhar, Sathyamangalam Taluk within a period of one week from the date of receipt of a copy of this order.

4. With the aforesaid direction, the writ petition stands disposed of. No costs.


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