Allowed

Kalyani v. The District Collector

Madras HC13 Apr 2023WP/11366/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 226 of the Constitution of India, the petitioner sought a mandamus directing the Tahsildar and Town Surveyor to survey her disputed land after depositing survey costs. The High Court directed the authorities to conduct the survey within four weeks after receiving the fee and issuing notice to affected parties, communicating the report thereafter.

What did the court decide?

Direction to the Tahsildar to consider the petitioner's representation, charge the survey cost against the petitioner, give due notice to registered holders and other affected persons, conduct the sur

Kalyani Vs The District Collector — Land Acquisition | Madras HC (2023)

¶1

W.P.No.11366 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 13.4.2023

¶4

CORAM :

¶5

THE HONOURABLE MR. JUSTICE M.S. RAMESH

¶6

W.P.No.11366 of 2023

Kalyani

...Petitioner

1.The District Collector, Tiruppur, Tiruppur District.

¶11

2.The Revenue Divisional Officer, Tiruppur North, Tiruppur District.

¶12

3.The Tahsildar, Tiruppur North Taluk, Tiruppur District.

¶13

4.The Town Surveyor, Tiruppur North, Tiruppur District.

¶14

...Respondents

¶15

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd and 4th respondents to survey the petitioner's property comprised in S.No.199/4B situated at Pongupalayam Village, Tiruppur North Taluk, Tiruppur District within stipulated time fixed by this Court by considering the petitioner's representation dated 15.3.2023.

¶16

1/4 https://www.mhc.tn.gov.in/judis

¶17

W.P.No.11366 of 2023

¶18

For Petitioner : Mr.R.Dillikumar For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader

¶19

ORDER

¶20

With the consent of both the parties, this Writ Petition is taken up

¶21

for final disposal at the admission stage itself.

¶22

The prayer sought for in this Writ Petition is to direct respondents 3 and 4 to consider the petitioner's representation dated 15.3.2023 to survey her land in S.No.199/4B situated at Pongupalayam Village, Tiruppur North Taluk, Tiruppur Distirct measuring 0.81.50 cents.

¶23

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

¶24

2/4 https://www.mhc.tn.gov.in/judis

¶25

W.P.No.11366 of 2023

¶26

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.

¶27

In the light of the above findings, there shall be a direction to the Tahsildar concerned to consider the petitioner's representation dated 15.3.2023 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.

¶28

With the above directions, the Writ Petition stands disposed of. No costs.

¶29

13.4.2023

¶30

Index:Yes/No Speaking order/Non-speaking order

¶31

3/4 https://www.mhc.tn.gov.in/judis

W.P.No.11366 of 2023

M.S.RAMESH,J.

RS/SNI

1.The District Collector, Tiruppur, Tiruppur District.

¶37

2.The Revenue Divisional Officer, Tiruppur North, Tiruppur District.

¶38

3.The Tahsildar, Tiruppur North Taluk, Tiruppur District.

¶39

4.The Town Surveyor, Tiruppur North, Tiruppur District.

¶40

W.P.No.11366 of 2023

¶41

13.4.2023

¶42

4/4 https://www.mhc.tn.gov.in/judis

Kalyani v. The District Collector

Case brief

What is this about?

What did the court decide?

Kalyani v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prakashkumar Vs The District Registrar (Salem West)

M.Thiyagarajan, Driver Vs The Management of

Ponnu Matriculation Higher secondary school Vs The District Revenue Officer

Vaijayanthy Kabirdass Vs The Official Liquidator

Universal Public Aanmeega Vs The District Collector

P.v.Pratap Vs The District Collector