The Tamil Nadu Survey and Boundaries Act, 1923 does not apply to private patta lands; boundary disputes between private individuals must be resolved by civil courts, not by survey officers.

JUDGMENT

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

Present writ appeal has been instituted challenging the writ order dated 15.11.2024 in W.P.No.34236 of 2024.

2. The appellants are third parties and they have filed the present intra-court appeal by securing leave from this Court on the ground that a civil suit in O.S.No.135 of 2020 filed by the first respondent was dismissed and the appeal suit in A.S.No.20 of 2021 was also dismissed. Both in the suit and appeal suit, appellants are parties and by suppressing the said fact, the first respondent secured orders from the writ Court to survey subject property.

3. Learned counsel for the first respondent has not disputed the above facts regarding institution of the suit, appeal suit and dismissal of the same.

4. The writ Court has proceeded on the basis that an application has been filed to survey and fix boundaries in respect of subject property described in the writ proceedings. Writ Court has issued directions to consider the application and complete the exercise of conducting survey of the subject land within a period of six weeks from the date of receipt of a copy of the order.

5. The application submitted seeking conduct of survey and to fix the boundaries is not entertainable under the provisions of the Tamil Nadu Survey and Boundaries Act, 1923 (Tamil Nadu Act No.VIII of 1923). The principles in this regard are elaborately considered by this Court in the case of T.Gothai vs. District Collector (W.A.No.2304 of 2024 dtaed 06.10.2025). Relevant portion of the order reads as under:

'6. Let us consider the scope and application of the Act 1923. Chapter II deals with “The survey of Government lands”. Chapter III deals with “The survey of estates”. Applications are filed by the private individuals to conduct survey of patta lands under Section 5 of Chapter II of the Act. When Chapter II deals with the survey to be conducted in respect of the Government lands, it would be relevant to consider the scope of Section 5 for conducting survey of patta lands or to resolve the boundary dispute between private individuals in respect of patta lands. Section 5 of the Act reads as under:

5. The State Government or subject to the control of the State Government any officer or authority to whom this power may be delegated by it may by notification order a survey of any Government land or of any boundary of such land or of the boundary forming the common limit of Government land and land that is not Government land.

7. Section 6 denotes notification to be published by Survey Officer. Section 7 states that the Survey Officer has to carry out survey in prescribed manner. Section 8 is about the cost to be charged from the persons interested in the land survey. Section 9 provides power of the Survey Officer to determine and record un-disputed boundaries. Section 9 (1) indicates that the Survey Officer shall have power to determine and record undisputed boundary in respect of which no dispute is brought to his notice. Section 10(1) denotes that “where a boundary is disputed, the survey officer, after making such inquiry as he considers necessary, shall determine the boundary and record in accordance with his decision. The Survey Officer shall record in writing the reasons for his decision”.

8. Section 14 stipulates “Any person deeming himself aggrieved by the determination of any boundary under Section 9 , 10 or 11 may subject to the provisions of Parts II and III of the Indian Limitation Act, 1963 (Central Act 36 of 1963), institute a suit within three years from the date of the notification under Section 13 to set aside or modify the said determination and the survey shall, if necessary, be altered in accordance with the final decree in the suit and the alteration, if any, shall be noted in the record”. The very scheme of the Act unambiguously amplifies that the final arbitrator is the Civil Court of law and the surveyor cannot entertain any dispute between the parties regarding