High Court · 2025

W.P.Nos.21425 and 27393 of 2019IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 03.09.2025Coram:THE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.Nos.21425 and 27393 of 2019andW.M.P.Nos.20624, 26847, 26843, 26845 and 26846 of 2019---Tamil Nadu Grama Niruvaka Aluvalarkal Sangam,rep. by its State General Secretary Mr.K.Selvam, VAO,TNVAOA Illam,No.26, Venkatachalam Street,Triplicane, Chennai-5. .. Petitioner in W.P.No.21425 of 2019Tamil Nadu Survey Officers Union (Central),Represented by its General SecretaryNo.266-A, Rice Mill Road,Nallavanpalayam Post,Tiruvannamalai-606 603. .. Petitioner in W.P.No.27393 of 2019Vs.1. The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai-9.2. The Additional Chief Secretary/ Commissioner of Revenue Administration, Chepauk, Chennai-5.3. The Director of Survey and Settlement, Survey House, Chepauk, Chennai-5.Page No. 1 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.21425 and 27393 of 2019.. Respondents in W.P.No.21425 of 20191. State represented by the Chief Secretary to Government, Revenue & Disaster Management Department, Fort St.George, Chennai-600 009.2. The Director of Survey and Settlement, "Survey House", Chepauk, Chennai-600 005.3. Tamil Nadu Grama Niruvaka Aluvalarkal Sangam, rep. by its State General Secretary Mr.K.Selvam, VAO, TNVAOA Illam, No.26, Venkatachalam Street, Triplicane, Chennai-5. (Third respondent impleaded as per Order dated 12.07.2024 in W.M.P.No.27628 of 2019 in W.P.No.27393 of 2019).. Respondents in W.P.No.27393 of 2019W.P.No.21425 of 2019 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 2 and 3 to implement the Government Letter (MS).No.07/LS2(2)/2019, dated 03.01.2019 in letter and spirit and consequently direct the respondents 2 and 3 to issue proper instruction to the Taluk Level Officers (Tahsildars) so as to hand-over the TSLR copy to the VAOs including Chitta, Adangal and FMB giving their remarks about the patta transfer.W.P.No.27393 of 2019 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari calling for the records of the first respondent in Letter Ms.No.497, dated 26.12.2018 and consequential order issued in Lr.(Ms).No.07/LS2(2)/2019, dated 03.01.2019 by the first respondent Page No. 2 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.21425 and 27393 of 2019and the further consequential order issued by the second respondent in Lr.No.Na.Ka.Sa6/43761/2018-1(Sy), dated 11.01.2019 and to quash the same as illegal.For petitioner in W.P.No.21425 of 2019 : Mr.A.R.Suresh for M/s.K.ArumugamFor petitioner in W.P.No.27393 of 2019 : Mr.Purujit Narayanan for M/s.R.BaskaradossFor respondents in W.P.No.21425 of 2019 : Mr.S.Jayachandran, Govt. AdvocateFor respondents in W.P.No.27393 of 2019 : Mr.S.Jayachandran, Govt. Advocatefor RR-1 and 2 Mr.A.R.Suresh for M/s.K.Arumugam for R-3COMMON ORDERW.P.No.21425 of 2019 is filed praying for issuance of a Writ of Mandamus to direct the respondents 2 and 3 to implement the Government Letter (MS).No.07/LS2(2)/2019, dated 03.01.2019 in letter and spirit and consequently direct the respondents 2 and 3 to issue proper instruction to the Taluk Level Officers (Tahsildars) so as to hand-over the TSLR copy to the VAOs including Chitta, Adangal and FMB giving their remarks about the patta transfer.2. W.P.No.27393 of 2019 is filed praying for issuance of a Writ of Certiorari calling for the records of the first respondent in Letter Ms.No.497, dated 26.12.2018 and consequential order issued in Lr.(Ms).No.07/LS2(2)/2019, Page No. 3 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.21425 and 27393 of 2019dated 03.01.2019 by the first respondent and the further consequential order issued by the second respondent in Lr.No.Na.Ka.Sa6/43761/2018-1(Sy), dated 11.01.2019 and to quash the same as illegal. 3. Learned counsel for the petitioners/Sangam submitted that the subject matter of the present Writ Petitions, had been complied with. 4. Learned Government Advocate appearing for the official respondents submitted that the letter dated 03.01.2019 has already been implemented. In this regard, the learned Government Advocate relied on paragraphs 7 and 9 of the counter affidavit filed by the respondents, which reads as follows:"7. With regard to the averments made in paragraph 8 of the affidavit, it is submitted that as contended by the petitioner, prior to creation of Firka Surveyor post, maintenance of survey and revenue records were done by the Maintenance Field Surveyor. The post of Firka Surveyor is the promotional post from the post of Field Surveyor. The Firka Surveyors are deputed to Taluk Offices for maintaining Land Revenue Records and their pay and allowances are drawn by the Tahsildar on par with the post of Assistant, Revenue Inspector. The Head of account of the pay and allowances of the post of Firka Surveyor is from Survey Department is from Survey Department Head of account.""9. With regards to the averments made in paragraph 10 of the affidavit, it is submitted that as per the online application procedure for transfer of name of pattadar, the applicant has to submit his application through online both for full field and for part field. In respect of part-field involving sub-division of full-field, the application shall go to the Taluk Office and the concerned Firka Surveyor, who is Page No. 4 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.21425 and 27393 of 2019authorised with user ID and login Password can see the Applications in respect of his Firka. The Firka Surveyor will intimate the date and time of his field inspection to the applicant through online and a SMS will be sent to the applicant about the arrival of Firka Surveyor and the applicant shall be ready while the Firka Surveyor inspection is scheduled. The Firka Surveyor will make a sub-division, based on the title deed, documents, enjoyment, etc. and submit his report to the survey wing of the Taluk office for processing and getting approval of the Taluk Tahsildar. After approval by the Tahsildar, it will be uploaded in the online in order to get it download by the applicant."5. In view of the above contents of the counter affidavit, no further orders are necessary. The said letter shall be implemented in all the remaining Districts, if there is no legal impediment in implementing the same. Further, the Government is the competent authority to entrust the work of implementation of the said letter, and the petitioners have no grievance in the same. Further, the parties are governed by the Tamil Nadu Survey and Boundaries Act.6. Hence, there is no question of entertaining the present Writ Petitions, which are accordingly closed. There shall be no order as to costs. Consequently, the miscellaneous petitions are also closed.03.09.2025csPage No. 5 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.21425 and 27393 of 2019To1. The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai-9.2. The Additional Chief Secretary/ Commissioner of Revenue Administration, Chepauk, Chennai-5.3. The Director of Survey and Settlement, Survey House, Chepauk, Chennai-5.4. State represented by the Chief Secretary to Government, Revenue & Disaster Management Department, Fort St.George, Chennai-600 009.Page No. 6 / 7 https://www.mhc.tn.gov.in/judis W.P.Nos.21425 and 27393 of 2019M.DHANDAPANI, JcsW.P.Nos.21425 and 27393 of 201903.09.2025 Page No. 7 / 7