Madras High CourtWP(MD)/20726/2025disposed of

Murugan v. The Revenue Divisional Officer

2025-08-04Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Writ Petition(MD)No.20726 of 2025 Murugan ..Petitioner Vs 1.The Revenue Divisional Officer, Revenue Divisional Office, Thiruchendur, Thoothukudi District.

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

..Respondents 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.

For Petitioner : Mr.R.Murugappan For Respondents : Mrs.S.Jeya Priya Govt. Advocate 1/5

ORDER

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.

2. 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.

3. 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

4. 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 2/5

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

5. 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.

6. 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. 04.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/5

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

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

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S.SOUNTHAR, J.

skn Writ Petition(MD)No.20726 of 2025 Dated : 04.08.2025 5/5