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Madras High CourtWP/23043/2026dismissed

A.Rajeshkumar v. The District Collector

2026-06-18Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY W.P. No. 23043 of 2026 A.Rajeshkumar S/o.MR.Anthonirajan, No.14, chinnathambiran street, Erukkancheri, chennai - 600118.

..Petitioner(s) Vs

1. The District Collector Chennai District Collector Office, Rajaji Salai, Fourth Floor, Chennai - 600001.

2. The Director Tamilnadu State Archives, No.51, Gandhi Irwin Road, Egmore, Chennai - 600008.

..Respondent(s) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus directing the respondents to furnish certified copies of the earlier field measurement book (FMB) Sketches, Field map drawing (FMD) and old survey records (OSR) relating to block no.9, survey no.102, within such time as may be fixed by this Court.

For Petitioner(s):

Mr. C.Santhoshseetharam For Respondent(s):

Mr.B.Pachaiyappan Government Counsel

ORDER

The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the respondents to furnish certified copies of the earlier Field Measurement Book (FMB) Sketches, Field Map Drawing (FMD) and Old Survey Records (OSR) pertaining to Block No.9, Survey No.102, within a time frame to be fixed by this Court.

2. The case of the petitioner is that Survey No.102 contains a well, and the neighbouring residents are allegedly preventing the petitioner from using the said well. In this regard, the petitioner submitted a representation to the respondents seeking certified copies of the Field Measurement Book (FMB) Sketches, Field Map Drawing (FMD) and other relevant survey records relating to the said Survey number.

3. The learned Government Counsel appearing for the respondents submitted that the grievance raised by the petitioner pertains to a private dispute concerning the usage of a well situated in Survey No.102. If the petitioner is aggrieved by any obstruction to the use of the well, the appropriate remedy lies before the competent Civil Court. It was further submitted that Survey No.102

does not stand in the name of the petitioner. The learned Government Counsel also contended that the petitioner, seeking to obtain the requested documents, ought to have approached the competent Public Information Officer under the provisions of the Right to Information Act, 2005, instead of invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

4. This Court finds considerable force in the submissions made by the learned Government Counsel appearing for the respondents.

5. Admittedly, the grievance of the petitioner relates to the alleged denial of access to and usage of the well situated in Survey No.102. Such a dispute, being essentially civil in nature, is required to be resolved before the appropriate forum. If the petitioner seeks redressal of the alleged obstruction caused by third parties, it is open to him to approach the competent civil forum and seek appropriate relief in accordance with law.

6. Insofar as the request for furnishing copies of the FMB Sketches, FMD, and other survey records is concerned, the petitioner has an effective statutory remedy under the Right to Information Act, 2005. Upon making an appropriate application before the competent Public Information Officer, the petitioner may obtain such records, subject to his entitlement under law.

7. This Court further finds that the petitioner has already annexed a copy of the FMB Sketch to the present Writ Petition. Therefore, the filing of the present Writ Petition seeking the very same records, without exhausting the alternative statutory remedies available under law, amounts to a misuse of the process of this Court.

8. Accordingly, this Writ Petition is dismissed with costs of Rs.10,000/- (Rupees Ten Thousand Only), payable to the Tamil Nadu State Legal Services Authority, Chennai, within a period of four (4) weeks from today. In the event of default, the District Collector, Chennai, is directed to initiate appropriate recovery proceedings in accordance with law and ensure remittance of the said amount to the Tamil Nadu State Legal Services Authority immediately upon the expiry of the said period.

9. List this matter on 17.08.2026 "for reporting compliance". 18-06-2026 Index: Yes/No Speaking/Non-speaking order Asi

To

1. The District Collector Chennai District Collector Office, Rajaji Salai, Fourth Floor, Chennai - 600001.

2. The Director Tamilnadu State Archives, No.51, Gandhi Irwin Road, Egmore, Chennai - 600008.

KRISHNAN RAMASAMY, J.

Asi 18-06-2026