Dismissed

A.Vaithiyalingam v. The District Collector

Madras HC5 Sept 2023WP/893/2023

Case brief

AI extract

What is this about?

This is a writ petition filed under Article 226, praying for a mandamus directing the 4th respondent to rectify a mistake in the petitioner's land sketch. The court noted an existing boundary dispute between the petitioner and the 5th respondent. It held that the Survey and Boundaries Act applies to revenue records, not private disputes, and directed the parties to resolve the issue in the Civil C

What did the court decide?

The Writ Petition is disposed of; the Connected Miscellaneous Petition is closed; the Miscellaneous Petition in W.M.P.No.3232 of 2023 is ordered.

A.Vaithiyalingam Vs The District Collector — Landlord and Tenant | Madras HC (2023)

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W.P.No.893 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.09.2023

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CORAM

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

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W.P.No.893 of 2023 and

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W.M.P.No.870 of 2023

Dr.A.Vaithilingam

... Petitioner

Vs.

1.The District Collector, Chennai District,

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Chennai.

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2.The Assistant Director & P.A to Collector (Land Survey), Collector Office, Chennai District.

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3.The Revenue Divisional Officer, Guindy Revenue Office, Guindy, Chennai.

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4.The Thasildar, Sholinganallur Taluk, Chennai District.

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5.Kodhai Raman ... Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 4^th respondent to consider the petitioner's representation dated 30.12.2022 and to rectify the mistake in the petitioner's F.M.B. Sketch in respect of the petitioner's vacant land bearing Plot Nos.189 & 191 at Ram Nagar, South Extension, measuring an extent of 9600 sq.ft comprised in Old S.No.10/Part, New S.No.10/1B1B, Patta No.9762, situated at 8^th Street, Pallikaranai, Sholinganallur Taluk, Chennai.

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Page 1 of 5 https://www.mhc.tn.gov.in/judis

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W.P.No.893 of 2023

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For Petitioner : Mr.L.G.Sahadevan For R1 to R4 : Mr.E.Sundaram, Government Advocate For R5 : Mr.S.Thirumavalavan

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O R D E R

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The relief sought for in the present Writ Petition is to direct the 4^th respondent to consider the petitioner's representation dated 30.12.2022 and to rectify the mistake in the petitioner's F.M.B. Sketch in respect of the petitioner's vacant land bearing Plot Nos.189 & 191 at Ram Nagar, South Extension, measuring an extent of 9600 sq.ft comprised in Old S.No.10/Part, New S.No.10/1B1B, Patta No.9762, situated at 8^th Street, Pallikaranai, Sholinganallur Taluk, Chennai.

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The learned counsel for the petitioner made a submission that an application was submitted to survey the land belonging to the petitioner. Since the 4^th respondent has not considered the application, the petitioner is constrained to move the present Writ Petition.

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The learned Government Advocate appearing on behalf of the respondents 1 to 4 made a submission that the 5^th respondent has raised an objection to conduct survey and there is a boundary dispute existing between the petitioner and the 5^th respondent. The provisions under the Survey and Boundaries Act cannot be

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Page 2 of 5 https://www.mhc.tn.gov.in/judis

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W.P.No.893 of 2023

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expanded for the purpose of resolving the boundary dispute between the private individuals. The Act is being utilized for the purpose of maintenance of revenue records and therefore, in the event of any dispute between the parties, the authorities are bound to relegate them to resolve the issues through competent Civil Court of law.

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This being the scope of the Survey and Boundaries Act, the petitioner is at liberty to approach the competent Civil Court of law for the purpose of resolving the disputes between them.

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Accordingly, the Writ Petition stands disposed of. Consequently, the connected Miscellaneous Petition in W.M.P.No.870 of 2023 is closed. The Miscellaneous Petition in W.M.P.No.3232 of 2023 stands ordered. No costs.

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05.09.2023

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skr Index : Yes Speaking order

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Page 3 of 5 https://www.mhc.tn.gov.in/judis

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W.P.No.893 of 2023

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1.The District Collector, Chennai District, Chennai.

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2.The Assistant Director & P.A to Collector (Land Survey), Collector Office, Chennai District.

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3.The Revenue Divisional Officer, Guindy Revenue Office, Guindy, Chennai.

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4.The Thasildar, Sholinganallur Taluk, Chennai District.

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Page 4 of 5 https://www.mhc.tn.gov.in/judis

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W.P.No.893 of 2023

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S.M.SUBRAMANIAM, J.

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skr

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W.P.No.893 of 2023

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05.09.2023

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Page 5 of 5 https://www.mhc.tn.gov.in/judis

A.Vaithiyalingam v. The District Collector

Case brief

What is this about?

What did the court decide?

A.Vaithiyalingam 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

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