Mandatory Service of Notice under Section 9(2) of Tamil Nadu Survey and Boundaries Act, 1923 - The courts have consistently emphasized that service of notice under Section 9(2) is a mandatory procedural requirement before any survey or boundary order is issued. Proper notice ensures due process and is crucial for the validity of subsequent actions. Failure to serve notice can lead to the invalidation of survey orders or boundary determinations. Samboornammal VS State of Tamil Nadu, Rep. by District Collector, Erode District, Collectorate, Erode - Madras, Gopal Mudaliar (Deceased) VS State of Tamil Nadu rep. By District Collector - Madras, Sellakumarasamy VS P. Swaminathan & Others - Madras
Legal Framework Under Kerala Survey and Boundaries Act, 1961 - Sections 4 and 6 of the Kerala Act are interconnected and mandate that notifications for survey or boundary demarcation are issued following prescribed procedures. The absence of a notification under Section 4 or improper notification under Section 6 can render the survey or boundary determination invalid. The courts have held that compliance with these provisions is mandatory for the legality of such actions. Philip John VS State of Kerala - Kerala, DR PHILIP JOHN vs DISTRICT COLLECTOR - Kerala, KOYILANDY SERVICE CO-OP BANK LIMITED vs KULANGARA VEETIL KANNAN AND ANOTHER - Kerala, LEELABHAI vs RAJAPPAN - Kerala
Procedural Compliance as a Condition for Validity - The courts have underscored that procedural steps, especially the issuance and service of notices, are mandatory under the Survey and Boundaries Acts. Non-compliance, such as failure to serve notices or improper publication, can be grounds for challenging survey orders or boundary determinations. This ensures transparency and fairness in land boundary proceedings. Samboornammal VS State of Tamil Nadu, Rep. by District Collector, Erode District, Collectorate, Erode - Madras, Gopal Mudaliar (Deceased) VS State of Tamil Nadu rep. By District Collector - Madras, Sellakumarasamy VS P. Swaminathan & Others - Madras
Implication for Property Disputes and Land Acquisition - Proper notification and adherence to statutory procedures are essential in property disputes, boundary demarcation, and land acquisition cases. Courts have dismissed petitions where service of notices was not proven or procedures were not followed, reaffirming the mandatory nature of these provisions. Philip John VS State of Kerala - Kerala, Mrs. Ruth Ayyakutti & Others VS The Secretary to Government, Housing & Urban Development & Others - Madras, KOYILANDY SERVICE CO-OP BANK LIMITED vs KULANGARA VEETIL KANNAN AND ANOTHER - Kerala
The collected references clearly establish that service of notice under Section 9(2) of the Tamil Nadu Survey and Boundaries Act, 1923, and similar provisions under other state Acts like Kerala's Survey and Boundaries Act, 1961, is mandatory. Non-compliance with these procedural requirements can invalidate survey orders, boundary determinations, or related actions. Courts have consistently upheld the principle that adherence to statutory procedures, especially service of notices, is essential to uphold the legality, fairness, and transparency of land boundary proceedings.
References: - Samboornammal VS State of Tamil Nadu, Rep. by District Collector, Erode District, Collectorate, Erode - Madras - Philip John VS State of Kerala - Kerala - DR PHILIP JOHN vs DISTRICT COLLECTOR - Kerala - Soma Papers and Industries VS Bank of India - Dishonour Of Cheque - KOYILANDY SERVICE CO-OP BANK LIMITED vs KULANGARA VEETIL KANNAN AND ANOTHER - Kerala - Gopal Mudaliar (Deceased) VS State of Tamil Nadu rep. By District Collector - Madras - Mrs. Ruth Ayyakutti & Others VS The Secretary to Government, Housing & Urban Development & Others - Madras - Dhruba Charan Swain VS State of Odisha - Orissa - LEELABHAI vs RAJAPPAN - Kerala - Sellakumarasamy VS P. Swaminathan & Others - Madras
in proof of service of notice under Section 9(2) of Tamil Nadu Survey and Boundaries Act, 1923 considering above mentioned aspects ... of service of notices under Sections 9 and 10 of Tamil Nadu Survey and Boundaries Act, 1923 - A mandatory injunction directing restoration ... the Tamil Nadu Survey#....
Kerala Survey and Boundaries Act 1961 - Sections 4 & 6 - Enabling provision in notification under Section ... 4 and Section 6 - Mandatory for - Challenged - Held, A combined reading of S.4 with S.6 of the Act makes it clear that the notification ... What is mandatorily contemplated under S.4 is to order survey of land or of boundary of any land or of the boundary forming the common ... ... (2) A notification publi....
Issues: Whether a notification under Section 6 of the Kerala Survey and Boundaries Act is valid without a preceding notification ... Acquisition - Road Development - Kerala Survey and Boundaries Act - Sections 4, 6 - The court interpreted Sections 4 and 6, concluding ... and Boundaries Act. ... In the counter affidavit filed by the State, they would contend that the 2nd respondent was directed to....
The immovable property to be sold has not been described with the survey number and mark of demarcation with boundaries. ... by the Authorized Officer under Section 13(2) of the SARFAESI Act, it appear that the ... Securitization and Reconstruction of Financial Assets and Enforcement of security Interest Act, 2002 — Sections ... The property to be sold as described in the sale notice, in the present case, does not have proper description as no #HL_ST....
and boundaries, enforcing prohibitory and mandatory injunctions based on established property rights and preventing unlawful excavation ... Issues: Whether the plaintiffs were entitled to a prohibitory and mandatory injunction against the defendant for excavating ... Injunction - Property Law - Relevant Sections - The court addresses the legal principles regarding protection of lateral support ... officials and plaintiffs were served with a notice from the Revenue Department for re-determination of the....
Survey and Boundaries Act - Land Dispute - Chapter 4 Section 22, 23 of The Tamil Nadu Survey and Boundaries Act, 1923 - The court ... The court also considered the mandatory procedure under Section 10(2) of the Act before passing any Order and the rejection of injunction ... and Boundaries Act. ... Whether the Courts below are justified in invoking the #HL_START....
Tamil Nadu Town Planning Act (1920), Section 14(3) -Acquisition of land for formation of Road-Petitioners could not prove that lands ... of notice after having failed to challenge it at the earliest point of time - Writ petitions dismissed. ... belong to them-Municipality has established that the land has been classified as a Scheme Road - Petitioners cannot take plea of non-service ... As per Section 9(2) of the Land and Boundaries Act#HL....
Jurisdiction - Bifurcation of Revenue Village - Odisha Survey and Settlement Rules, 1962 - Rule 61 Fact of the Case: ... Ratio Decidendi: The court held that the initiation of the proceeding for bifurcation must comply with the mandatory rules ... Provided that when a portion of the village has been declared or will be declared to be a reserved forest under the provisions of Section 20 of the Indian Forest Act 16 of 1927 of Section 16 of the Madras Forest Act, 1882 (Madras #HL_START....
Survey - Property Dispute - Kerala Survey and Boundaries Act, 1961 - Section 13A - The court emphasized the need for the statutory ... under the Kerala Survey and Boundaries Act. ... Fact of the Case: The petitioner challenged a notice and a re-survey sketch that incorrectly classified part of his ... mandates free service of notice to the occupant before eviction, etc. ... #HL....
Section 14 of the Tamil Nadu Survey and Boundaries Act, 1923 and its applicability in the case. ... Jurisdiction - Tamil Nadu Survey and Boundaries Act - Section 14 - 1998 (I) CTC 630 - The court discussed the interpretation of ... Issues: The issues involved the jurisdiction of the civil court, the applicability of Section 14 of the Tamil Nadu Survey ... and Boundaries Act. .......
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