L.Sumathi v. The Tasildhar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.4.2023 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH L.Sumathi
...Petitioner
Vs 1.The Tahsildar, Uthukkottai Taluk, Thiruvallur District.
2.The Taluk Surveyor, Uthukkottai Taluk, Thiruvallur District.
3.The Village Administrative Officer, Thandalam Village, Uthukkottai Taluk, Thiruvallur District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to survey the petitioner's land measuring about 2002 sq.ft in Natham New Survey No.220/10 (old No.220) at Thandalam Village, Uthukkottai Taluk, Thiruvallur District as per the sale deed dated 24.10.2013 registered as Doc.No.8556 of 2013 on the file of Sub Registrar, Arani by considering the petitioner's application dated 21.02.2022 and 15.02.2023. 1/4
For Petitioner : Mr.N.Ponraj For Respondents : Mr.P.Sathish, Additional Government Pleader
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 consider the petitioner's applications dated 21.02.2022 and 15.02.2023 to survey the petitioner's land in Natham New Survey No.220/10 (old No.220) at Thandalam Village, Uthukkottai Taluk, Thiruvallur District measuring about 2002 sq.ft.
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 2/4
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 Tahsildar concerned to consider the petitioner's application dated 15.02.2023 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.
20.4.2023 Index:Yes/No Speaking order/Non-speaking order 3/4
M.S.RAMESH,J.
RS/hvk To 1.The Tahsildar, Uthukkottai Taluk, Thiruvallur District.
2.The Taluk Surveyor, Uthukkottai Taluk, Thiruvallur District.
3.The Village Administrative Officer, Thandalam Village, Uthukkottai Taluk, Thiruvallur District.
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