Ramesh v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH Ramesh

...Petitioner

Vs The Tahsildar, Kundrathur Taluk Office, Kancheepuram District.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 31.01.2023 which has been given to measure the land for plot Nos.66 and 89 to an extent of 3,848 square feet in Sri Alamelu Mangapuram Layout comprised in Survey No. 110 and as per Patta, sub-division Survey No.110/1A1A2 of Salamangalam Village, Kundrathur Taluk, Kancheepuram District within time frame that may be fixed by this Court.

For Petitioner : Mr.M.Aloysius Raja Pragash For Respondent : Mr.V.Veluchamy, 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 Writ Petition is to direct the respondent to consider the petitioner's representation dated 31.01.2023 to conduct a survey of the lands in plot Nos.66 and 89 measuring an extent of 3,848 square feet in Sri Alamelu Mangapuram Layout comprised in Survey No.110 and as per Patta, sub-division Survey No.110/1A1A2 of Salamangalam Village, Kundrathur Taluk, Kancheepuram 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 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 31.01.2023 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.

27.03.2023 Index:Yes/No Speaking order/Non-speaking order To The Tahsildar, Kundrathur Taluk Office, Kancheepuram District.

RS/SNI 3/4

M.S.RAMESH,J.

RS/SNI 27.03.2023 4/4