MALLIKA Vs. DISTRICT COLLECTOR, ERODE DISTRICT

JUDGEMENT

(1.) ACCORDING to the Petitioner, the Government of Tamil Nadu issued land measuring 0.66.0 Ares under the special plan of issuing agricultural lands to landless poor agricultural families in Survey No.812/4, Sikkarasampalaym Village on the basis of document No.26009/2006, A6 dated 15.12.2006. He made a representation to the First Respondent/District Collector, Erode and the Second Respondent/Tahsildar, Sathyamangalam Taluk, Erode District on 21.03.2012 in regard to the same Patta land to survey the proper and fixed boundaries. However, no action was taken on his representation dated 21.03.2012. Hence, he has filed the present Writ of Mandamus before this Court.

(2.) IT is to be noted that Section 4 of the Tamil Nadu Survey and Boundaries Act, 1923 speaks of the State Government to appoint Survey Officers. Section 5 of the Act enjoins that State Government may direct the survey of Government land or of any boundary of such land. As a matter of fact, Section 7 of the Act deals with 'Survey Officer to carry out the survey in the prescribed manner.' The ingredients of Section 8 of the Act speaks of 'Cost to be charged to persons interested in the lands surveyed'. Section 9 enjoins that the Power of Survey Officer to determine and record an undisputed boundary. Section 10 refers to the Power of Survey Officer to determine and record a disputed boundary. In fact Section 11 of the Act speaks of appeal against orders under Section 9 or 10. Section 12 mentions the period within which the appeal should be preferred. Section 12 -A of the Act deals with 'Second appeal'. Section 12 -B of the Act speaks of 'Revision'.

(3.) WITH the aforesaid direction, the writ petition stands disposed of. No costs.