The High Court disposed of a writ petition seeking to restrain revenue authorities from conducting a land survey. The Court held the petition lost relevance as the survey had already been completed and noted that a survey under the Tamil Nadu Survey and Boundaries Act does not determine title, which must be decided by a Civil Court.
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.No.2218 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.2218 of 2023
and
W.M.P.No.2295 of 2023
K.Chandran ... Petitioner
Vs.
6.Manickam
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W.P.No.2218 of 2023
7.Maadhu
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents 3 and 4 from conducting the Survey in respect of the land in comprised in Survey Nos.302, 302/6, 303/4, 303/5 and 303/6 situate at Krishnapuram Village, Dharmapuri Taluk and District based on the objection of petitioner dated 20.01.2023.
For Petitioner : Mr.C.Prabakaran For R1 to R5 : Mr.G.Krishna Raja Additional Government Pleader For R6 : Mr.N.Vijaya Baskar For M/s. Law Vision For R7 : Not Ready in Notice
O R D E R
The writ of mandamus has been instituted to forbear the respondents 3
and 4 from conducting the Survey in respect of the land comprised in Survey Nos.302, 302/6, 303/4, 303/5 and 303/6 situate at Krishnapuram Village, Dharmapuri Taluk and District based on the objection of petitioner dated 20.01.2023.
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the Tamil Nadu Survey and Boundaries Act. Thus, no one is entitled to claim any right merely based on the survey report prepared under the provisions of the Tamil Nadu Survey and Boundaries Act. The title, ownership and civil rights are to be established only through the Civil Court of Law and therefore, the parties if at all aggrieved from and out of any issues, they have to approach the Civil Court for the purpose of redressal of their grievances.
15.06.2023
Jeni Index : Yes Speaking order Neutral Citation : Yes
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W.P.No.2218 of 2023
To
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S.M.SUBRAMANIAM, J.
Jeni
W.P.No.2218 of 2023
15.06.2023
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1 issue framed by the court
Whether a writ of mandamus can restrain revenue authorities from conducting a survey under the Tamil Nadu Survey and Boundaries Act based on a pending civil suit without title.
2 provisions across 2 enactments
K. Chandran
District Collector Dharmapuri
District Revenue Officer Dharmapuri
Tahsildar Dharmapuri
Head and Taluk Surveyor
Inspector of Police Krishnapuram
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
