S.Anthony v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH S.Anthony
...Petitioner
Vs 1.The Tahsildar, Thandarampattu Taluk, Thiruvannamalai District.
2.The Assistant Director of Survey and Land Records, District Survey Unit, Thiruvannamalai, Thiruvannamalai District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to forthwith survey and fix the boundaries for the land of the petitioner measuring 437.5 square feet in Survey No.208/3B1AAAA situated at Ilayankanni Village, Perungalathur Mathura, Thiruvannamalai District based on the Application of the petitioner dated 19.07.2022. For Petitioner : Mr.K.Selvaraj For Respondents : Mr.P.Sathish Additional Government Pleader 1/4
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 the present Writ Petition is to direct the respondents to forthwith survey and fix the boundaries for the land of the petitioner measuring an extent of 437.5 square feet in Survey No.208/ 3B1AAAA situated at Ilayankanni Village, Perungalathur Mathura, Thiruvannamalai District. In this regard, the petitioner gave a representation on 19.7.2022 to the Tahsildar concerned.
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 2/4
within a reasonable time.
4. In the light of the above findings, there shall be a direction to the Tahsildar concerned to consider the petitioner's representation dated 19.07.2022 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 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.
15.03.2023 Index:Yes/No Speaking order/Non-speaking order RS/hvk 3/4
M.S.RAMESH,J.
RS/hvk To 1.The Tahsildar, Thandarampattu Taluk, Thiruvannamalai District.
2.The Assistant Director of Survey and Land Records, District Survey Unit, Thiruvannamalai, Thiruvannamalai District.
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