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2014 DIGILAW 522 (MAD)

S. Raja v. Tahsildar, Gengavalli Taluk

2014-02-27

M.VENUGOPAL

body2014
Judgment : 1. The petitioner has filed the present writ of mandamus praying for passing of an order by this Court in directing the Respondents 1 and 2 to consider his representation dated 10.02.2012 and further to direct the 2nd Respondent to measure his land based on documents and revenue records. 2. According to the petitioner, he is carrying out agricultural activities in his land in Survey No.209/1 at Sentharapatti Village, Gengavalli Taluk, Salem District. He purchased the said property from one Mr.P.Gopinath and his wife Mrs.Krithika and the same was registered as document No.128/2007 dated 24.01.2007 on the file of the Sub Registrar Office, Thambampatty, Salem District. Subsequent his purchase, he obtained Patta and chitta in his name and in short, the revenue records are in his favour. 3. The adjacent land owners viz., the 3rd and 4th Respondents has encroached the petitioner's land to an extent of nearly 40 cents and they are disputing that the occupied lands belonged to them without showing any proof and documents. There was a wordy quarrel that erupted between the petitioner and the 3rd and 4th Respondents and at the intervention of elders of panchayaders of their village, it was suggested to measure the extent of agricultural lands by engaging qualified surveyors i.e., Government Taluk Surveyor. To sort out the issue in a peaceful manner, he approached the 1st Respondent/Tahsildar, Gengavalli Taluk, Salem District and projected an application on 10.02.2012 to appoint Taluk Surveyor in order to measure his agricultural land and submitted all documents and revenue records by paying necessary charges thereto. The 1st Respondent forwarded his application to the 2nd Respondent and directed to measure his land. But, till date, the 2nd Respondent had not come forward to measure his land and prolonging the matter without any basis. Finally, he approached the Respondents 1 and 2 on 27.08.2012, and submitted his representation with a request to measure his land based on documents. But, till date the 2nd Respondent had not come forward to measure his land and as such the petitioner has filed the present writ petition. 4. At this stage, a mere running of the eye over the contents of the petition submitted by the petitioner dated 10.02.2012 addressed to the 1st Respondent shows that the petitioner had made a request to measure his land in Survey No.209/1 through Head Surveyor. 4. At this stage, a mere running of the eye over the contents of the petition submitted by the petitioner dated 10.02.2012 addressed to the 1st Respondent shows that the petitioner had made a request to measure his land in Survey No.209/1 through Head Surveyor. In the said representation, he had also among other things stated that the Surveyor had measured his land without giving any prior information during last month, about which he was not satisfied. As such he had once again requested for the measurement of his land with the help of Head Surveyor. 5. In view of the fact that the petitioner's prayer in the writ petition for measurement of his land by the Head Surveyor in Survey No.209/1 at Sentharapatti Village, Gengavalli Taluk, Salem District and this Court taking note of the fact that the Tamil Nadu Survey and Boundaries Act, 1923 provides for measurement of lands of a person, when he pays the requisite charges thereto, this Court on basis of Equity, Fair Play, Good Conscience and even as a matter of prudence, directs the Respondents 1 and 2 to consider the representation of the petitioner dated 10.02.2012 in a Fair, Objective and dispassionate fashion on payment of necessary charges by the petitioner for measurement of land and they are directed to take necessary steps to measure his land with the assistance of Taluk Surveyor/Head Surveyor as the case may be, as expeditiously as possible. The representation of the petitioner is to be considered by the Respondents 1 and 2 within 10 days from the date of receipt of a copy of this order. When the 2nd Respondent deputes a Taluk Surveyor or Head Surveyor to measure the land of the petitioner in Survey No.209/1 at Sentharapatti Village, Gengavalli Taluk, Salem District, then it is open to the petitioner, to produce all the necessary documents and revenue records before the said Surveyor so as to facilitate the officer concerned to measure the land in a proper, real and effective fashion. 6. At the time of consideration of the petitioner's representation dated 10.02.2012 by the Respondents 1 and 2, they are directed to adhere to the necessary ingredients of the Tamil Nadu Survey and Boundaries Act, 1923 and to proceed further with the assistance of Village Administrative Officer (if required). 7. With the aforesaid observations and directions, this Writ petition is disposed of. No costs.