The District Collector Vs M. Karthikeyan — Madras HC (2025) — LawSathi Research

The District Collector Vs M. Karthikeyan — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ appeal allowed; the writ Court's direction to initiate disciplinary action against the official respondents deleted; survey to be conducted; no order as to costs; connected Civil Miscellaneous Petition No.10780 of 2024 closed.

Issue for consideration

Whether the admission-stage writ order's finding of dereliction of duty and its direction to initiate disciplinary action against the officials should be sustained when the State appellants were afforded no opportunity to place the facts (including pre-petition notice and initiation of survey) before the writ Court.

Court's answer

Since the impugned writ order is an admission-stage order and the appellants state that notice was issued even prior to filing of the writ petition and actions were initiated to conduct survey, the direction issued by the writ Court to initiate disciplinary action against the official respondents is deleted.

Ratio / Principle

Survey is to be conducted.

Detailed headnote1 paragraphs

Writ Appeal (Clause 15, Letters Patent Act) by State revenue/survey officials — District Collector, Namakkal; Revenue Divisional Officer, Namakkal; Tahsildar, Rasipuram Taluk; Deputy Inspector of Survey/Head Surveyor — against the order dated 27.11.2023 in W.P.No.33160 of 2023, which was passed by the writ Court at the admission stage with adverse findings of dereliction of duty and a direction to initiate disciplinary action against the officials (including, per counsel's contention, a paragraph No.7 direction to the Chief Secretary to Government). HELD: the impugned order being an admission-stage order, and the appellants stating that notice was issued even prior to the filing of the writ petition and actions were initiated to conduct survey under the Tamil Nadu Survey and Boundaries Act, 1923, the direction to initiate disciplinary action against the official respondents is deleted; survey is to be conducted. Writ appeal allowed; no costs; connected C.M.P.No.10780 of 2024 closed.

W.A.No.1529 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2025

CORAM

THE HON'BLE MR. JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR. JUSTICE K. RAJASEKAR

Writ Appeal No.1529 of 2024

and

Civil Miscellaneous Petition No.10780 of 2024

The District Collector, Namakkal District, District Collectorate, Tiruchengode Road, Namakkal – 637 003.

The Revenue Divisional Officer, Namakkal Revenue Division, District Collectorate, Tiruchengode Road, Namakkal – 637 003.

The Tahsildar, Rasipuram Taluk, Rasipuram, Namakkal - 637 408.

The Deputy Inspector of Survey/Head Surveyor Land Survey Department, Tahsildar Office, Rasipuram Taluk, Rasipuram, Namakkal – 637 408.

... Appellants

Vs.

M.Karthikeyan Represented by POA, P.Sathish Kumar ... Respondent

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W.A.No.1529 of 2024

Writ Appeal filed under Clause 15 of Letters Patent Act,

against the order dated 27.11.2023 in W.P.No.33160 of 2023.

For Appellants : Mr.Vadivelu Deenadayalan Additional Government Pleader

For Respondent : Mr.M.Deivanandam

JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)

The writ appeal has been instituted to assail the order dated 27.11.2023 in W.P.No.33160 of 2023.

The State preferred the appeal mainly on the ground that the writ

Court passed final orders at the admission stage and therefore, the appellants have no opportunity to place the facts before the writ Court regarding the actions initiated by them to conduct survey to redress the grievances of the respondents.

The learned Additional Government Pleader appearing on behalf of

the appellants would mainly contend that in paragraph No.7, the writ Court

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directed the Chief Secretary to Government to initiate action against the officials. Such circumstances would not arise, in view of the fact that no opportunity was provided to the appellants to defend their case and place all the facts before the writ Court. When the facts are not placed before the writ Court, the findings that the officials have committed dereliction of duty become unnecessary.

The learned Additional Government Pleader would submit that even before filing of the writ petition by the respondents notice was issued by the official respondents and action was taken to conduct survey under the provisions of the Tamil Nadu Survey and Boundaries Act, 1923. These facts were not placed before the writ Court by the respondents which resulted in adverse findings against the authorities.

In view of the fact that the writ order impugned is an admission stage order and now the appellants says that notice was issued even prior to filing of the writ petition and actions were initiated to conduct survey, the direction issued by the writ Court to initiate disciplinary action against the official respondents are deleted.

It is needless to state that survey is to be conducted. Accordingly, https://www.mhc.tn.gov.in/judis 3/6

W.A.No.1529 of 2024

the writ appeal stands allowed. There shall be no order as to costs. Consequently, the connected miscellaneous petition stands closed.

(S.M.S., J.) (K.R.S., J.) 11.03.2025 ssi Index: Yes/No Speaking Order: Yes/No Neutral Citation Case : Yes/No

To:

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W.A.No.1529 of 2024

The District Collector, Namakkal District, District Collectorate, Tiruchengode Road, Namakkal – 637 003.

The Revenue Divisional Officer, Namakkal Revenue Division, District Collectorate, Tiruchengode Road, Namakkal – 637 003.

The Tahsildar, Rasipuram Taluk, Rasipuram, Namakkal - 637 408.

The Deputy Inspector of Survey/Head Surveyor Land Survey Department, Tahsildar Office, Rasipuram Taluk, Rasipuram, Namakkal – 637 408.

S. M. SUBRAMANIAM., J.

AND

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W.A.No.1529 of 2024

K. RAJASEKAR., J.

ssi

W.A.No.1529 of 2024

11.03.2025

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