01Facts
The petitioner claimed ownership of lands in Survey Nos. 65/4 and 65/5, while his wife claimed ownership of land in Survey No. 67/2A; the respective pattas stood in their names.
pp. 2–3The petitioner applied to the authorities for survey and boundary demarcation of the properties and paid the prescribed fees, but no survey was conducted.
pp. 2–3He sought a writ of mandamus directing the respondents to consider the applications and conduct the survey, with police assistance if required.
pp. 1–2The State’s counsel submitted that the Tahsildar would consider the applications within a timeframe fixed by the Court.
p. 402Issues
i.Whether the Tahsildar should be directed to consider the petitioner’s survey applications and arrange a field survey and boundary demarcation of the lands.
pp. 1–2, 5ii.Whether the survey and demarcation should determine or affect any dispute concerning title or inter se civil rights over the property.
p. 603Law Applied
The Court cited no specific statute, precedent, or substantive legal test.
It directed that the survey be conducted by reference to the relevant Field Measurement Book (FMB) sketches, revenue records, and the parties’ parental title deeds; affected claimants and adjacent landowners must receive notice and a fair opportunity to present objections and documents.
p. 5The Court also recognised that disputes concerning title or inter se civil rights are matters for the competent Civil Court, and expressly left those questions open.
p. 604Reasoning
The applications and payment of the prescribed fees had not resulted in a survey, and the State’s counsel did not oppose consideration within a Court-fixed timeframe.
pp. 3–4The Court therefore ordered an administrative survey and demarcation, with notice and an opportunity for relevant parties to participate, based on the specified survey and revenue records and title documents.
p. 5To avoid prejudging ownership, it confined the relief to the survey process and reserved any title or civil-rights dispute for the Civil Court.
p. 605Holding
The writ petition was disposed of with a direction to the Tahsildar to entertain both applications and complete the physical survey, boundary demarcation, fixation of boundary stones, and a reasoned final operational order within ten weeks of receiving the order.
pp. 5–6The Court required notice to the petitioner and other counter-claimants or adjacent landowners, and an opportunity for them to present objections and documents.
pp. 5–6No opinion was expressed on the merits of the petitioner’s claim; parties may approach the competent Civil Court over title or inter se civil rights.
p. 6No costs were awarded.
p. 6Original Court PDF
NanjappanvsThe Tahsildar,
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