01Facts
The petitioner claimed ownership of 99.5 cents in Survey Nos. 77/6D, 77/7C and 77/E, Chitheri Village, through a partition deed registered in 1989, and stated that she had obtained patta.
pp. 2–3 · ¶ 2She alleged that respondents 5 and 6 obstructed a survey and that the Tahsildar had not acted on her online application of 24 April 2026 or her representation dated 5 June 2026.
pp. 2–3 · ¶ 2She filed this writ petition seeking a direction to the Tahsildar to survey the land with police assistance.
p. 2The Government Pleader submitted that the representation would be considered on its merits if the Court fixed a time limit.
p. 3 · ¶ 302Issues
i.1. Whether the Tahsildar should be directed to consider the petitioner’s representation and conduct a survey and boundary demarcation of the disputed property.
pp. 2, 4–5 · ¶ 1, 6ii.2. Whether the survey should be conducted with notice and an opportunity for the petitioner, respondents 5 and 6, and other affected persons to present their objections and documents.
p. 4 · ¶ 603Law Applied
The Court proceeded under its writ jurisdiction under Article 226 of the Constitution.
It directed that the survey be conducted by reference to the relevant Field Measurement Book sketches, revenue records and the parties’ parent title deeds, with notice to affected parties and a fair opportunity to submit objections and documents.
p. 4 · ¶ 6The Court also recognised that disputes concerning title or inter se civil rights are for the competent Civil Court to determine.
p. 5 · ¶ 8No statute or precedent was cited.
04Reasoning
The Court did not adjudicate the competing property claims.
In light of the petitioner’s pending representation and the Government Pleader’s submission, it considered a time-bound administrative process appropriate.
pp. 3–5 · ¶ 3, 6To ensure that the survey addressed the parties’ competing claims fairly, it required measurement by reference to the relevant records, prior notice to affected parties and an opportunity to submit objections and title documents.
pp. 3–5 · ¶ 3, 6It reserved questions of title and civil rights for the Civil Court.
p. 5 · ¶ 805Holding
The Court disposed of the writ petition by directing the Tahsildar to consider the petitioner’s representation, conduct a fresh field survey and boundary demarcation, and issue a reasoned final operational order within eight weeks of receiving a copy of the order.
pp. 4–5 · ¶ 6–7The process must include notice to the petitioner, respondents 5 and 6, and other counter-claimants or adjacent landowners, and must allow them to present objections and documents.
pp. 4–5 · ¶ 6–7The Court expressed no opinion on the merits of the petitioner’s claim and left title or inter se civil-rights disputes to the competent Civil Court; no costs were ordered.
p. 5 · ¶ 8Original Court PDF
SASIKALAvsTHE DISTRICT COLLECTOR
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