Dismissed¶29

Murugan v. The Revenue Divisional Officer

Madras HC4 Aug 2025WP(MD)/20726/2025

Case brief

AI extract

What is this about?

W.P(MD)No.20726 of 2025; Murugan v. Revenue Divisional Officer, Thiruchendur and Tahsildar, Eral Taluk; writ of mandamus under Article 226 to dispose appeal dated 05.06.2025 under Section 11 Tamil Nadu Survey and Boundaries Act-1923 against rejection order Na.Ka.Oo.1/157/2025 dated 07.05.2025; S.No.1153/16 'Natham Poramboku'; deed dated 13.03.2007; direction to dispose within twelve weeks; petition dismissed, no costs; Justice S.Sounthar; 04.08.2025.

What did the court decide?

Direction to the first respondent to dispose of the petitioner's appeal dated 05.06.2025 on its own merits within twelve weeks from receipt of a copy of the order, after affording reasonable opportunity to the petitioner and other interested parties; writ petition dismissed with no costs. ¶29

Murugan Vs The Revenue Divisional Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the first respondent should be directed to dispose of the petitioner's appeal petition dated 05.06.2025 filed under Section 11 of the Tamil Nadu Survey and Boundaries Act-1923 against the second respondent's order dated 07.05.2025.

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Court's answer

The Court directed the first respondent to consider the petitioner's appeal dated 05.06.2025 pending on his file and dispose of the same on its own merits within a period of twelve weeks from the date of receipt of a copy of the order, after affording a reasonable opportunity to the petitioner and other interested parties.

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Ratio / Principle

The direction was issued expressly without expressing any opinion on the merits of the matter.

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Detailed headnote1 paragraphs

Mandamus direction - disposal of statutory appeal under Section 11, Tamil Nadu Survey and Boundaries Act, 1923 (Madras High Court, Madurai Bench, S.Sounthar J., 04.08.2025). Murugan, claiming under a deed dated 13.03.2007 (described as a settlement deed in the survey-application context and as a registered gift deed in counsel's contention), applied on 15.10.2024 for survey of property in S.No.1153/16. The Tahsildar, Eral Taluk (second respondent) rejected the application by order Na.Ka.Oo.1/157/2025 dated 07.05.2025, stating that village revenue records classify the property as 'Natham Poramboku' and that the petitioner failed to produce title documents. The petitioner's appeal dated 05.06.2025 under Section 11 of the Act before the Revenue Divisional Officer, Thiruchendur (first respondent) remained undisposed. Without expressing any opinion on the merits, the Court directed the first respondent to dispose of the appeal on its own merits within twelve weeks of receipt of a copy of the order, after affording reasonable opportunity to the petitioner and other interested parties, and dismissed the writ petition with no costs.

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W.P(MD)No.20726 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 04.08.2025

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CORAM

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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Writ Petition(MD)No.20726 of 2025

Murugan

..Petitioner

1.The Revenue Divisional Officer, Revenue Divisional Office, Thiruchendur, Thoothukudi District.

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2.The Tahsildar, Taluk Office, Eral Taluk, Thoothukudi District.

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..Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue Writ of of Mandamus directing the first respondent to dispose the petitioner's appeal petition dated 05.06.2025 filed under Section 11 of the Tamil Nadu Survey and Boundaries Act-1923 against the second respondent order of Na.Ka.Oo.1/157/2025 dated 07.05.2025.

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For Petitioner : Mr.R.Murugappan

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For Respondents : Mrs.S.Jeya Priya Govt. Advocate

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1/5

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

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W.P(MD)No.20726 of 2025

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ORDER

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This writ petition is filed seeking a direction to the first respondent to dispose the petitioner's appeal petition dated 05.06.2025 filed under Section 11 of the Tamil Nadu Survey and Boundaries Act-1923 against the second respondent order of Na.Ka.Oo.1/157/2025 dated 07.05.2025.

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Heard the arguments of Mr.R.Murugappan, learned counsel appearing for the petitioner and Mrs.S.Jeya Priya, learned Government Advocate appearing for the respondents.

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The petitioner submitted an application on 15.10.2024, seeking survey of the property based on the settlement deed executed in his favour on 13.03.2007. However, the said application was rejected by the second respondent by order dated 07.05.2025. Aggrieved by the said order, the petitioner preferred an appeal under Section 11 of the Tamil Nadu Survey and Boundaries Act, 1923, before the first respondent on 05.06.2025. The same has not been considered till date. Hence, the petitioner has come before this Court

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The learned Government Advocate, who takes notice for respondents, would submit that as per the village revenue records, the subject property in S.No.1153/16 is classified as 'Natham Poramboku' and

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2/5

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

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W.P(MD)No.20726 of 2025

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the petitioner failed to produce any title documents and therefore, his request was rejected.

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The learned counsel appearing for the petitioner vehemently contends that the petitioner claims right under the registered gift deed dated 13.03.2007 and the same has not been considered by the second respondent.

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In view of the rival contentions, this Court, without expressing any opinion on the merits of the matter, is inclined to direct the first respondent to consider the appeal filed by the petitioner dated 05.06.2025 pending on his file and dispose of the same on its own merits within a period of twelve weeks from the date of receipt of a copy of this order after affording a reasonable opportunity to the petitioner and other interested parties. Accordingly, this writ petition is dismissed. No costs.

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04.08.2025

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

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3/5

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

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W.P(MD)No.20726 of 2025

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