Dismissed¶21

Arjunan. M v. The District Collector

Madras HC15 Jul 2025WP(MD)/11554/2023

Case brief

AI extract

What is this about?

Repeat/re-survey writ petition (mandamus, Article 226) dismissed: petitioner sought survey of S.No.183/7C, Mumpalai Revenue Village, Manamelkudi Taluk, Pudukkottai, again after earlier W.P.(MD) No.16231 of 2022 led to Tahsildar's order Na.Ka.S/4976/2022 (26.02.2023) refusing survey because title-deed boundaries tallied with S.No.183/2 and relegating him to civil court; fresh writ petition without challenging that adverse enquiry order deemed unmaintainable; dismissed with liberty to challenge the order; no costs.

What did the court decide?

Liberty to the petitioner to challenge the order passed by the second respondent in the manner known to law, if he is so advised; no costs. ¶21

Arjunan. M Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to challenge the order passed by the second respondent in the manner known to law, if he is so advised; no costs.

¶21

Issue for consideration

Whether the petitioner is entitled to maintain a fresh writ petition seeking re-survey of his property (Survey No.183/7C, Mumpalai Revenue Village) when he had not challenged the second respondent's enquiry order (Na.Ka.S/4976/2022, dated 26.02.2023) which negatived his earlier survey request.

¶20

Court's answer

If the petitioner is aggrieved by the order passed by the second respondent in the enquiry, it is for him to challenge that order in the manner known to law; a fresh writ petition seeking survey of the property again, without challenging the order negativing his request, means the petitioner is not entitled to maintain this writ petition.

¶20

Ratio / Principle

Because the petitioner filed the present writ petition seeking survey of the property again without challenging the order passed by the second respondent negativing his request, the petitioner is not entitled to maintain this writ petition.

¶20

Detailed headnote1 paragraphs

Writ Petition (Madurai Bench, Madras High Court, W.P.(MD) No.11554 of 2023, decided 15.07.2025, S.Sounthar J.) — Mandamus petition under Article 226 seeking re-survey of the petitioner's property in Survey No.183/7C, Mumpalai Revenue Village, North Ammapattinam Village, Manamelkudi Taluk, Pudukkottai District, on the basis of his representation dated 21.03.2023. The petitioner had already obtained, through W.P.(MD) No.16231 of 2022, a direction to the respondent to survey the property subject to conditions and an enquiry; pursuant thereto the Tahsildar (second respondent) passed an order in Na.Ka.S/4976/2022 dated 26.02.2023 refusing the survey on the ground that the boundaries in the petitioner's title document tally with those of Survey No.183/2, and relegated him to the civil court. The Court held that an aggrieved petitioner must challenge such enquiry order in the manner known to law and cannot file a fresh writ petition seeking the same survey without challenging it; accordingly the petitioner was not entitled to maintain the writ petition, which stands dismissed with liberty to challenge the Tahsildar's order, no costs.

¶1

W.P.(MD) No.11554 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 15.07.2025

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

¶6

W.P.(MD) No.11554 of 2023

¶7

M.Arjunan ... Petitioner Vs

¶8

1 The District Collector, Pudukkottai District, Pudukkottai. 2 The Tahsildar, Manamelkudi Taluk, Manamelkudi, Pudukkottai District. 3 The Taluk Surveyor, Manamelkudi Taluk, Manamelkudi, Pudukkottai District. ... Respondents

¶9

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents 2 and 3 to re-survey the petitioner's property in S.No.183/7C to an extent of 0.08.5 Ares situated at Mumpalai Revenue Village, North Ammapattinam Village, Manamelkudi Taluk, Pudukkottai District, on the basis of the petitioner's representation, dated 21.03.2023.

¶10

Page 1 of 5

¶11

https://www.mhc.tn.gov.in/judis

¶12

W.P.(MD) No.11554 of 2023

¶13

For Petitioner : Mr.B.Anandan For Respondents : Mrs.S.Jeya Priya, Govt. Advocate.

¶14

ORDER

¶15

The Writ Petition is filed, seeking a direction to respondents 2 and 3 to re-survey the petitioner's property situated in Survey No.183/7C, Mumpalai Revenue Village, North Ammapattinam Village, Manamelkudi Taluk, Pudukkottai District, by considering his representation, dated 21.03.2023.

¶16

It is seen from the typed set of papers, earlier, the petitioner filed a writ petition, seeking survey of the very same property in W.P.(MD) No. 16231 of 2022. The said writ petition was disposed of, with a direction to the respondent to survey the property on certain conditions, by conducting enquiry. Based on the said direction, the second respondent passed an order in proceedings in Na.Ka.S/4976/2022, dated 26.02.2023, negativing the request of the petitioner to survey the property, and relegating him to work out his remedy before the civil court. The second respondent, in his order, clearly stated that the boundaries mentioned in the title document of the petitioner tally with the boundaries of some other survey number, namely, 183/2 and

¶17

_____________ Page 2 of 5_

¶18

https://www.mhc.tn.gov.in/judis

¶19

W.P.(MD) No.11554 of 2023

¶20

hence, the request of the petitioner for surveying the property in Survey No. 183/7C could not be accepted. If the petitioner is aggrieved by the order passed by the second respondent in the enquiry, it is for him to challenge the same in the manner known to law. However, the petitioner filed this writ petition, seeking survey of the property again, without challenging the order passed by the second respondent, negativing the request of the petitioner to survey the property. Therefore, the petitioner is not entitled to maintain this writ petition.

¶21

Accordingly, the Writ Petition stands dismissed, with liberty to the petitioner to challenge the order passed by the second respondent in the manner known to law, if he is so advised. No costs.

¶22

15.07.2025

¶23

NCC : Yes / No Index : Yes / No Internet : Yes / No

¶24

dixit

¶25

To:

¶26