JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records on the file of the first respondent in G.O.(Ms.)No.173 dated 26.03.2020 and quash the same as illegal, ultra vires and totally without jurisdiction insofar as it has included the Village Administrative Officer in the amendment under Section 13(h) to the Chain Survey and Land Records, Manual, Part II, Chapter I.)

The petitioner, challenging the impugned Government Order in G.O.(Ms)No.173, Revenue and Disaster Management Department, Survey and Settlement Wing, [SS-II(2)] Section dated 26.03.2020, insofar as it includes the Village Administrative Officer in the amendment under Section 13(h) to the Chain Survey and Land Records Manual, Part II, Chapter I, has filed the present writ petition.

2. The petitioner, in the affidavit filed in support of this writ petition, has averred as follows:

2.1. The petitioner Association is a registered body and is duly recognised by the State of Tamil Nadu, vide G.O.Ms.No.896, P&AR (Per.K) Department dated 26.08.1981. "Survey" works forms an integral part of orderly administration. The Survey and Land Reforms Department is in existence for over 217 years. The said department is technical and manned by persons well equipped with modern instruments and infrastructures to measure the area/extent of land, division of plots, villages, towns as well as cities.

2.2. The post of Firka Surveyor is a promotional post from the post of Field Surveyor and the minimum qualification for appointment as Firka Surveyor is that an individual should have to passed Firka Surveyor Test Paper I & II, conducted by Tamil Nadu Public Service Commission and has to complete probation in the category of Field Surveyor.

2.3. The present controversy pertains to empowerment of Village Administrative Officer in matters concerning transfer of patta. Patta transfer involves two categories i.e., (i) Full field transfer and (ii) Part field transfer. From time immemorial, the procedure is that the Firka Surveyor shall prepare subdivision records based on enjoyment, enquiry, and based on the chain of documents for effective sub division.

2.4. The post of Firka Surveyor is deputed to Taluk Offices for maintaining land revenue records. A Firka Surveyor is obligated to bring post-survey changes in occupation and registry up to date as it is the very basis of revenue administration. The subdivision work is the primary and sole duty of Firka Surveyor in the maintenance wing. The duties and responsibilities have been formulated in various rules, orders etc., and the same had been affirmed by the Director of Survey & Settlement /2nd respondent herein in Circular No.K3/41559/87 (Survey) dated 15.05.1989.

2.5. The first respondent, vide Lr.(Ms.)No.497 dated 26.12.2018, has issued a clarification letter to the second respondent stating that the Village Administrative Officer may also be allowed to participate in the request for measurement of field involving subdivision for transfer of names of the Pattadar during field inspection of Firka Surveyor and the Village Administrative Officer should be given the date of field inspection of the Firka Surveyor. A consequential order has been issued by the first respondent dated 03.01.2019 to the second respondent stating that Tahsildar should consider the objections of the Village Administrative Officers at the time of field inspection and while passing orders, a copy of the Town Survey Land Records should be marked to Village Administrative Officers and the second respondent was directed to give necessary instructions to the concerned in this regard.

2.6. The job of a Surveyor is technical and only qualified persons will be able to handle it. A Firka Surveyor's post is promotional in nature and is equivalent to the post of Assistant Revenue Inspector. The educational and