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Madras High CourtWP/45973/2025allowed

R.Kesavan v. The District Collector

2025-11-28Honourable Mr Justice N. Anand Venkatesh7 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP Nos. 51270 & 51271 of 2025 R.Kesavan Petitioner(s) Vs

1. The District Collector Kallakurichi District, Kallakurichi -606 402 2.The Revenue Divisional Officer Kallakurichi Division, Kallakurichi -606 402 3.The Tahsildar Sankarapuram Taluk, Sankarapuram625202, Kallakurichi District.

4.The Taluk Surveyor, Sankarapuram Taluk, Sankarapuram625202, Kallakurichi District.

5.S. Seetharaman

2/7 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, call for the records of the 4th Respondent comprised in his proceedings in 2024/0123/33/004133 dated 28.02.2025 and quash the same and consequently directing the 1st to 4th Respondents herein to consider the application No.2024/0123/33/004133 dated 04.11.2024 for survey and measure to fix the boundaries of the house site bearing Survey No.11/8C2 measuring an extent of 0.4 cents, situated at Thimmanandal Village, Sankarapuram Taluk, Kallakurichi District. For Petitioner(s):

Mr. J.Selvarajan For Respondent(s):

Mr.C.Jayaprakash Government Advocate for R1 to R4

ORDER

This writ petition has been filed challenging the impugned online rejection order of the 4 th respondent dated 28.02.2025 and for a consequential direction to the respondents to act upon the application submitted by the petitioner on 04.11.2024, wherein, the petitioner is seeking for the survey of the

3/7 subject property and for fixing the boundaries. 2.Heard Mr.J.Selvarajan, learned counsel appearing on behalf of the petitioner and Mr.C.Jayaprakash, learned Government Advocate appearing on behalf of the respondents 1 to 4.

3.In the considered view of this Court, the online rejection order of the 4 th respondent is in violation of principles of natural justice, since the 4 th respondent has not even mentioned any reasons as to why the application was rejected. That by itself is a ground for this Court to interfere with the online rejection order.

4.In view of the above, the online rejection order of the 4 th respondent dated 28.02.2025, is hereby quashed and there shall be a direction to the 3 rd and th respondents to deal with the application submitted by the petitioner and if the rd and 4 th respondents wants to get any clarification from the petitioner, the same shall be done and final decision shall be taken, within a period of four

4/7 weeks from the date of receipt of copy of this order. 5.In the result, this writ petition stands allowed with the above directions. No Costs. Consequently, connected miscellaneous petitions are closed. 28-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/7 To 1.The District Collector Kallakurichi District, Kallakurichi -606 402 2.The Revenue Divisional Officer Kallakurichi Division, Kallakurichi -606 402 3.The Tahsildar Sankarapuram Taluk, Sankarapuram625202, Kallakurichi District.

4.The Taluk Surveyor, Sankarapuram Taluk, Sankarapuram625202, Kallakurichi District.

6/7 N.ANAND VENKATESH J.

ssr

7/7 28-11-2025