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Madras High CourtWP/7878/2023disposed of

Kandhavelan v. The Thasildar

2023-03-15Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Kandhavelan

...Petitioner

Vs 1.The Tahsildar, Uthangarai Taluk, Krishnagiri District.

2.The Inspector of Police, Uthangarai Police Station, Uthangarai Taluk, Krishnagiri District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 19.9.2022 to survey the land in respect of agricultural lands measuring an extent of 0.73 Cents in S.No.769/4B of Kadappasanthiram Village, Pochampalli Taluk, Krishnagiri District.

For Petitioner : Ms.L.Aishwarya Lakshmi for Mr.K.Thiruvengadam For Respondents : Mr.Yogesh Kannadasan Special 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 1st respondent to consider the petitioner's representation dated 19.9.2022 to survey the land in respect of agricultural lands measuring an extent of 0.73 Cents in S.No.769/4B of Kadappasanthiram Village, Pochampalli Taluk, Krishnagiri District. A copy of the said representation given to the Tahsildar concerned is enclosed in the typed set of papers.

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 19.09.2022 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, Uthangarai Taluk, Krishnagiri District.

2.The Inspector of Police, Uthangarai Police Station, Uthangarai Taluk, Krishnagiri District.

15.03.2023 4/4