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Madras High CourtWP/8672/2023disposed of

N.Kalavathy v. The Tasildar

2023-03-21Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH N.Kalavathy

...Petitioner

Vs The Tahsildar, Taluk Office, Chengalpattu (T.K.), Chengalpattu.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to conduct survey of land in Survey Nos.25/7, 26/4C1 and 26/4C2. For Petitioner : Mr.A.Muruganandam For Respondent : Mr.R.P.Murugan Raja, Government Advocate

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The prayer sought for in this Writ Petition is to direct the 1/4

respondent to conduct survey of land in Survey Nos.25/7, 26/4C1 and 26/4C2 of Palaveli Village, Chengalpattu District.

3. While Section 9 of the Tamil Nadu Survey and Boundaries Act, 1923, deals with the power of a Survey Officer to determine and record an undisputed boundary, Section 10 deals with such powers over disputed properties. The cost for such survey is required to be borne by the persons interested in the lands to be surveyed, as per Section 8 of the Act. Thus, when the Act empowers the concerned Survey Officer to comply with the request of a person seeking for survey or demarcation of boundaries of his land, he is required to comply with such a request within a reasonable time.

4. In the light of the above findings, there shall be a direction to the petitioner to produce a copy of the representation dated 13.9.2022 before the Tahsildar concerned. On receipt of a copy of the said representation, the Tahsildar concerned shall consider the same and conduct a survey in the subject lands, after receipt of the cost of the survey from the petitioner, if not already received, and after giving due notice to the 2/4

registered holders of the land, as well as other persons who may be affected, owing to the survey to be conducted in the subject lands and the survey report thereof shall be communicated to all such persons, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above directions, the Writ Petition stands disposed of. No costs.

21.03.2023 Index:Yes/No Speaking order/Non-speaking order To The Tahsildar, Taluk Office, Chengalpattu (T.K.), Chengalpattu.

RS 3/4

M.S.RAMESH,J.

RS/SNI 21.03.2023 4/4