R.Palaniswami, B.A.B.L., v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Mr.R.Palaniswami ... Petitioner Vs.
1.District Collector, District Collector's Office, Namakkal - 637 003.
2.The Revenue Divisional Officer, Revenue Divisional office, Thiruchengode 637 211.
Namakkal District.
3.Tahsildar, Tiruchengode, Namakkal District - 637 211.
4.Superintendent of Police, District Police Office, Namakkal - 637 003.
5.Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Erode Road, Suryampalayam Mail, Tiruchengode City, Namakkal District - 637 209.
6.Inspector of Police, Elachipalayam Police Station, Tiruchengode Circle, Namakkal District - 637 202.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the respondents particularly the first respondent to order and direct the 3rd and 4th respondent to survey and demarcate the boundaries of the land comprised in Survey Nos.299/1B, 300/2A, 303/1A, 304/1A and 305/1A and further direct to remove the laying pipe line across the above said survey number lands belonging to the petitioner along with his shares in survey no.273/3A, 275/4 of land, situated at Paruthipalli Village, Namakkal District, Tiruchengode circle, pursuant to the representation dated 2302.2023 of the petitioner after giving notice to all persons interested in the surrounding lands and furnish a copy of the report to the petitioner.
For Petitioner : Mr.P.Ganesh For Respondents : Mr.D.Ravichander, Special Government Pleader
O R D E R
The writ petition has been filed for directing the respondents to survey and demarcate the boundaries of the land comprised in Survey Nos.299/1B, 300/2A, 303/1A, 304/1A and 305/1A and further direct to
remove the laying pipe line across the above said survey number lands belonging to the petitioner along with his shares in survey no.273/3A, 275/4 of land, situated at Paruthipalli Village, Namakkal District, Tiruchengode circle, pursuant to the representation dated 2302.2023 submitted by the petitioner.
2. The issues raised in the present writ petition were adjudicated by this Court in a batch of writ petitions in W.P.No.37519 of 2016 & etc., batch, and a judgment was delivered on 19.06.2023 and the relevant paragraphs of the judgment are extracted hereunder: "36. Section 9 of the Code of Civil Procedure unambiguously contemplates that "The Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred".
37. Therefore, a special enactment has no relevance with reference to a right of the parties to approach the competent Civil Court of law to resolve all nature of civil disputes including boundary dispute, survey dispute, title dispute, ownership or otherwise. Therefore, neither the parties nor the authorities need to create an impression that
in the event of boundary dispute, the parties have to approach the authorities at the first instance. It is not required that the aggrieved persons, in the event of boundary dispute has to approach the authorities for fixing the boundary, they are at liberty to approach the Civil Court of law under Section 9 of the Code of Civil Procedure, which is unambiguous in this regard.
38. Submitting an application for fixing boundary is an option available to the aggrieved persons. Once an application is filed, whether the application is entertainable under the provisions of the Act is to be determined by the authorities and only if it is falling within the ambit of the Act, then alone the survey or fixing of boundary is to be undertaken. Even in this case, the authorities are bound to relegate the parties to the competent Civil Court of law under Section 14 of the Act.
39. It is contended by the petitioner that the authorities are making certain findings regarding the title, ownership in their order, while rejecting the applications. Such findings made by the authorities either in the patta proceedings or in the proceedings under the Survey and Boundaries Act are restricted and to be understood only for the purpose of arriving a conclusion under the
provisions of the Act and the said patta proceedings or the proceedings under the Survey and Boundaries Act would not confer any title or be taken as a conclusive decision, more specifically under Section 35 of the Evidence Act.
40. Accordingly, the respondents are directed to consider the representations / applications submitted by the petitioners in the order of seniority and by following the procedures as contemplated under the Governmental orders and in consonance with the provisions of the Survey and Boundaries Act, 1923 and pass appropriate orders on merits and in accordance with law. Wherever the applications are already disposed of and appeals provided under the Act has been filed, then such appeals are to be decided on merits and in consonance with the provisions of the Survey and Boundaries Act.
3. In view of the fact that the case of the petitioner is also similar to that of the cases (cited supra), this writ petition stands disposed of. No costs.
03.07.2023 skr Index : Yes Speaking order
To 1.The District Collector, District Collector's Office, Namakkal - 637 003.
2.The Revenue Divisional Officer, Revenue Divisional office, Thiruchengode 637 211.
Namakkal District.
3.The Tahsildar, Tiruchengode, Namakkal District - 637 211.
4.The Superintendent of Police, District Police Office, Namakkal - 637 003.
5.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Erode Road, Suryampalayam Mail, Tiruchengode City, Namakkal District - 637 209.
6.The Inspector of Police, Elachipalayam Police Station, Tiruchengode Circle, Namakkal District - 637 202.
S.M.SUBRAMANIAM, J.
skr 03.07.2023