This court disposed of writ petitions seeking direction to survey land and issue patta. It held that pending civil partition suits are a bar to revenue survey causing prejudice and directing parties to implead in the suit. No relief was granted.
Writ petitions dismissed; no directive issued for survey or patta; parties advised to implead in pending civil suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.Nos.2058 & 2061 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.Nos.2058 & 2061 of 2023
G.Gowri A.Durai
... Petitioner in W.P.No.2058 of 2023 ... Petitioner in W.P.No.3061 of 2023
Vs.
2.The Director, Department of Survey and Lands Records, Revenue Complex, Saram, Puducherry.
Bahour, Puducherry.
4.Vasuki ... Respondents in both W.Ps.
Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the second respondent to consider the application/representation of the respective petitioners both
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dated 22.12.2021 and to survey and demarcate the lands admeasuring an extent of 343 Sq. ft comprised in Cadastre No.851/1/2/1/2, R.S.No.208/18/A situated at Embalam Revenue Village, Nettapakkam Commune, Bahour Sub Registration District, Puducherry based on the sale deed dated 13.12.2021 registered as Doc.No.30606 of 2021 at the office of SRO Bahour and to direct the second respondent to issue patta in the name of the petitioner within a time frame to be fixed by this Court.
For Petitioner in both W.Ps. : Mr.T.Saikrishnan
For Respondents 1 to 3 in both W.Ps. : Mr.M.Nirmal Kumar, Government Advocate (Puducherry)
For Respondent 4 in
both W.Ps. : Mrs.P.T.Nalini Kumar
COMMON ORDER
Writ of Mandamus have been instituted to direct the second respondent
to consider the application / representation of the respective petitioners both dated 22.12.2021 and to survey and demarcate the lands admeasuring an extent of 343 Sq. ft comprised in Cadastre No.851/1/2/1/2, R.S.No.208/18/A situated at Embalam Revenue Village, Nettapakkam Commune, Bahour Sub Registration District, Puducherry based on the sale deed dated 13.12.2021
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W.P.Nos.2058 & 2061 of 2023
registered as Doc.No.30606 of 2021 at the office of SRO Bahour and also to
direct the second respondent to issue patta in the name of the petitioners
within a time frame to be fixed by this Court.
2. It is not in dispute between the petitioners and the fourth respondent that the civil suit instituted in O.S.No.79 of 2021 is pending on the file of the Second Additional District Judge, Puducherry. The suit was instituted for partition and admittedly, the subject property in the writ petition is also the subject property in item No.10 of the plaint.
3. The learned counsel for the petitioners made a submission that mere pendency of the suit is not a bar for conducting survey under the provisions of the Survey and Boundaries Act by the Government Surveyors. The application made by the petitioners in this regard is to be considered, since the petitioners are not parties to the civil suit.
4. The learned counsel for the petitioners relied on the orders passed by this Court in W.P.(MD).No.13465 of 2020 dated 05.10.2020, wherein this Court had considered that the pendency of the civil suit is not a bar to Page 3 of 8
W.P.Nos.2058 & 2061 of 2023
conduct survey. Relying on the said order, the learned counsel for the petitioners made a submission that the present writ petitions are to be considered for the purpose of issuing a direction to the authorities to conduct the survey.
5. The learned counsel appearing on behalf of the fourth respondent raised an objection by stating that the fourth respondent has raised several objections for conducting survey on the ground that the suit property is the subject matter of the civil suit instituted for partition. Thus, the authorities in the presence of the dispute cannot conduct survey which would cause prejudice to the interest of the fourth respondent.
6. The learned Government Advocate appearing on behalf of the respondents 1 to 3 also raised an objection on the ground that the Civil dispute between the parties cannot be interfered with and more so, in the event of any objection from any one of the parties, the surveyor who is a Government servant may not be in a position to conduct survey in the field. Only in the absence of any dispute, the surveyor would be in a position to conduct survey to measure the land.
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7. The scope of Survey and Boundaries Act cannot be expanded for the purpose of resolving the civil dispute between the parties. The Act of the year
1923 was enacted for the purpose of settling the boundaries and now 100 years lapsed. Boundaries have already been settled and now the Act has been utilised for the purpose of maintenance of revenue records by the Government. In the event of sub division between the parties or otherwise, the land is to be surveyed by the Government authorities for the purpose of maintenance of revenue records and therefore, in the event of any dispute, the Government authority may not be in a position to resolve the issues or conduct survey which would cause prejudice to either of the parties.
8. Presuming if the Government surveyor is permitted to conduct
survey, the opposite party will rely on the survey for the purpose of establishing his case. The revenue records patta, Chitta and Adangal would not confer any right of title to any of the parties. Title and ownership are to be established independently through documents and evidences. Therefore, any party attempting to secure any revenue document in their favour cannot be encouraged during the pendency of the civil suit and it would result in further
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complication and the Civil Court may not be in a position to adjudicate the issues independently. Even if the petitioners are not the parties under the subsequent purchasers of the subject property which is admittedly, the subject matter of the partition suit, the petitioners are at liberty to implead themself in the civil suit and file an appropriate interlocutory application for conducting survey of the land or for securing any interim orders from the competent civil court of law.
9. This being the procedures which all are to be followed, the Writ Court cannot grant relief in such nature of cases, which would create further complications and the parties may not be in a position to resolve the issues in the manner known to law.
10. With these observations, these writ petitions stand disposed of. No
costs.
10.07.2023
nl
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Speaking order/Non-Speaking order Neutral Citation : Yes/No
To
1.Union of India, Represented by its Chief Secretary, Government of Puducherry, Puducherry.
2.The Director, Department of Survey and Lands Records, Revenue Complex, Saram, Puducherry.
3.The Tahsildar, Bahour, Puducherry.
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S.M.SUBRAMANIAM, J.
nl
W.P.Nos.2058 & 2061 of 2023
10.07.2023
Page 8 of 8
3 issues framed by the court
Whether the pendency of a civil suit for partition precludes the competent authority from conducting a survey under the Survey and Boundaries Act, 1923.
Whether a writ court can direct issuance of patta or conduct of survey during the pendency of a civil dispute regarding the same property.
What the proper jurisdictional forum is for resolving revenue boundary disputes when a civil partition suit is pending.
Colour shows how this judgement treated each authority
W.P.(MD).No.13465 of 2020 dated 05.10.2020Referred¶35
G.Gowri A.Durai
Vasuki
Union of India
Director, Department of Survey and Lands Records
The Tahsildar, Bahour
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S.M.Subramaniam
Parties & counsel
