S.Vinodkumar Vs the Director — Writ and Judicial Review | Madras HC (2025)

S.Vinodkumar Vs the Director — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to challenge the survey report, if aggrieved, in the manner known to law; no costs; connected miscellaneous petition closed. Neither quashing of the impugned order nor the requested resurvey was ordered.

Issue for consideration

Whether the impugned order Pa.Mu.5257/2024/A2 dated 15.05.2025 passed by the fourth respondent (Thasildhar, Hosur) concerning survey of the petitioner's land is illegal and arbitrary and should be quashed. +1 more

Court's answer

In view of the submissions made (survey completed, QR-coded sketch furnished, appellate remedy available), the writ petition stands disposed of, with liberty to the petitioner to challenge the survey report, if aggrieved, in the manner known to law; no costs awarded.

Ratio / Principle

The connected miscellaneous petition (W.M.P.No.23146 of 2025) is closed consequent to the disposal of the writ petition.

Detailed headnote1 paragraphs

Madras High Court (Mohammed Shaffiq, J.), decision dated 07.07.2025, W.P.No.20497 of 2025 (with connected W.M.P.No.23146 of 2025). Petitioner (S. Vinodkumar s/o Sankarankutty / M/s Meteoroids Developers Private Limited, Hosur) sought, by way of a writ of certiorarified mandamus under Article 226, quashing of the impugned survey-related order Pa.Mu.5257/2024/A2 dated 15.05.2025 passed by the fourth respondent, the Thasildhar, Hosur, and a direction that his land be surveyed based on the correct new FMB sketch. Respondents included the Director of Town and Country Planning (CMDA), the Deputy Director, Hosur New Town Development Authority, the Sub Collector, Hosur, the Thasildhar, Hosur, and West Bury Hospitality Private Limited (R5). The learned Special Government Pleader for respondents 1 to 4 submitted that the survey had been completed and a sketch containing a QR code (downloadable survey report) furnished to the petitioner, and that any grievance could be pursued through an appeal under Section 11 of the Tamil Nadu Survey and Boundaries Act, 1923. Counsel for the petitioner sought liberty to challenge the survey report if aggrieved. Accordingly, the Divisional Court disposed of the writ petition with liberty to the petitioner to challenge the survey report in the manner known to law, without costs, and closed the connected miscellaneous petition.

W.P.No.20497 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

W.P.No.20497 of 2025 and W.M.P.No.23146 of 2025

Mr.S.Vinodkumar S/o. Sankarankutty, M/S.Meteoroids Developers Private Limited, Having its registered office at No.43, Abirami Garden, Royal Arcade, Mathigiri, Hosur, Krishnagiri District.

... Petitioner(s)

Vs.

1.The Director, Town and Country Planning, CMDA Office, 2, 3 and 4^th Floor, E & C Market Road, Koyambedu, Chennai - 600 107.

2.The Deputy Director, Hosur New Town Development Authority, Town and Country Planning Office, Hosur, 2^nd Cross, TNEB Office Opposite, Hosur - 635 109.

3.The Sub Collector, Hosur, Krishnagiri District.

4.The Thasildhar,

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W.P.No.20497 of 2025

Hosur, Krishnagiri District.

5.West Bury Hospitality Private Limited, D.NO.6 GPR Towers, Part Road, Bangalore- 560 005. ... Respondent(s)

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order Pa.Mu.5257/2024/A2 dated 15.05.2025 passed by the 4^th respondent and quash the same as illegal, arbitrary, inoperative in law and further direct the 4^th respondent to survey our land based on the correct new FMB sketch.

For Petitioner(s) : Mr.M.Ravi For Respondent(s) : Mr.P.Sathish for R1 to R4 Additional Government Pleader Mr.N.R.Elango, Senior Advocate for Mr.Agilesh Kumar for R5

ORDER

The present writ petition is filed challenging the impugned order passed by fourth respondent in Pa.Mu.5257/2024/A2 dated 15.05.2025 and to quash the same as illegal, arbitrary, in accordance with law and consequently direct fourth respondent to survey petitioner's land based on the correct new FMB sketch.

2. Learned Special Government Pleader for respondents 1 to 4

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W.P.No.20497 of 2025

would submit that survey has been completed and petitioner has been furnished with a copy of sketch which contains QR code, if petitioner scans the QR Code, survey report could be downloaded. It is further submitted that if petitioner is aggrieved by survey report, it is always open to them to prefer an appeal in terms of Section 11 of Tamil Nadu Survey and Boundaries Act, 1923.

3. Learned counsel for the petitioner seeks liberty of this Court to challenge the survey report, if aggrieved.

4. In view thereof, the writ petition stands disposed of, with liberty to petitioner to challenge the survey report, if aggrieved, in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

07.07.2025

Index : Yes/ No Speaking (or) Non Speaking Order Neutral Citation: Yes/No pam

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W.P.No.20497 of 2025

To:

1.The Director, Town and Country Planning, CMDA Office, 2, 3 and 4^th Floor, E & C Market Road, Koyambedu, Chennai - 600 107.

2.The Deputy Director, Hosur New Town Development Authority, Town and Country Planning Office, Hosur, 2^nd Cross, TNEB Office Opposite, Hosur - 635 109.

3.The Sub Collector, Hosur, Krishnagiri District.

4.The Thasildhar, Hosur, Krishnagiri District.

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W.P.No.20497 of 2025

MOHAMMED SHAFFIQ, J.

pam

W.P.No.20497 of 2025

07.07.2025

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