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

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

What the court decided

AI extract

Outcome

Writ petition disposed of by permitting the petitioner to file a statutory appeal before the Assistant Director of Survey; if presented within fifteen days of receipt of a copy of the order, the appeal is to be received and decided on merits without reference to limitation; the Assistant Director to dispose of it within four months after giving all parties a reasonable opportunity; no costs; connected miscellaneous petition closed.

Issue for consideration

Whether the impugned proceedings dated 26.02.2023 rejecting the petitioner's request for survey are liable to be quashed and re-survey directed, or whether the petitioner should instead be routed to the statutory remedy available under the Tamil Nadu Survey and Boundaries Act, 1923. +1 more

Court's answer

The writ petition is disposed of by permitting the petitioner to file a statutory appeal before the Assistant Director.

Ratio / Principle

A statutory appeal is provided for under Section 11 of the Tamil Nadu Survey and Boundaries Act, 1923.

Key takeaways

Under the Tamil Nadu Survey and Boundaries Rules, 1925 (framed pursuant to powers conferred by the Act), the appellate authority is the Assistant Director of Survey.ratio¶24
If the statutory appeal is presented within fifteen days from the date of receipt of a copy of this order, it shall be received and disposed of on merits without going into the question of limitation.ratio¶24-25
The Assistant Director shall dispose of the appeal within four months from the date of receipt, after providing a reasonable opportunity to all parties thereto.ratio

Detailed headnote1 paragraphs

Survey and Boundaries - Rejection of survey request - Writ petition under Article 226 challenging Tahsildar's proceedings in Na.Ka.S/4976/2022 dated 26.02.2023 (Manamelkudi Taluk, Pudukkottai District) seeking quashing and re-survey/demarcation of boundaries of S.No.183/7C (0.08.5 Ares, Mumpalai Revenue Village) - Statutory appeal available under Section 11 of the Tamil Nadu Survey and Boundaries Act, 1923 - Appellate authority under the Tamil Nadu Survey and Boundaries Rules, 1925 is the Assistant Director of Survey - Writ petition disposed of by directing petitioner to file statutory appeal before the Assistant Director; appeal to be entertained without limitation scrutiny if filed within fifteen days, and disposed of within four months after affording reasonable opportunity to all parties - No costs; connected miscellaneous petition closed.

W.P.(MD)No.24801 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED :12.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

W.P.(MD)No.24801 of 2025 and WMP (MD) No.19500 of 2025

M.Arjunan

... Petitioner

Vs.

The District Collector, Pudukkottai District, Pudukkottai.

The Tahsildar, Manamelkudi Taluk, Manamelkudi, Pudukkottai District.

The Taluk Surveyor, Manamelkudi Taluk, Manamelkudi, Pudukkottai District. ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus call for the records pursuant to the impugned proceedings in Na.Ka.S/4976/2022 dated 26.02.2023 passed by the 2nd respondent and quash the same as illegal and consequently directing the respondents 2 and 3 to re-survey the petitioners property and to earmark the four boundaries in S.No.

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W.P.(MD)No.24801 of 2025

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.

For Petitioner : Mr.B.Anandan

For Respondents :Mr.K.Balasubramani Special Government Pleader

O R D E R

An order rejecting a request for survey is challenged in this writ petition.

Learned Special Government Pleader accepts notice on behalf of the respondents. He submits that a statutory appeal is provided for in the Tamil Nadu Survey and Boundaries Act, 1923.

On perusal of the above mentioned enactment, it is evident that

a statutory appeal is provided for under section 11 thereof. The Tamil Nadu Survey and Boundaries Rules, 1925, were framed pursuant to the powers conferred under the statute and the appellate authority is the Assistant Director of Survey. Therefore, this writ petition is disposed of by permitting the petitioner to file a statutory appeal before the Assistant Director. If such appeal is presented within fifteen days from the date of

receipt of a copy of this order, such appeal shall be received and disposed https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.24801 of 2025

of on merits without going into the question of limitation. The Assistant Director shall dispose of the appeal within four months from the date of receipt of such appeal, after providing a reasonable opportunity to all parties thereto. No costs. Consequently, connected miscellaneous petition is closed.

12.09.2025

NCC :No Internet :Yes Index :No PKN

To

The District Collector, Pudukkottai District, Pudukkottai.

The Tahsildar, Manamelkudi Taluk, Manamelkudi, Pudukkottai District.

The Taluk Surveyor, Manamelkudi Taluk, Manamelkudi, Pudukkottai District.

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W.P.(MD)No.24801 of 2025

SENTHILKUMAR RAMAMOORTHY, J.

PKN

W.P.(MD)No.24801 of 2025

12.09.2025

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

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