M.Arjunan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and WMP (MD) No.19500 of 2025 M.Arjunan ... Petitioner Vs.

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Tahsildar, Manamelkudi Taluk, Manamelkudi, Pudukkottai District.

3. 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. 1/4

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.

2. 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.

3. 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 2/4

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

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Tahsildar, Manamelkudi Taluk, Manamelkudi, Pudukkottai District.

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

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SENTHILKUMAR RAMAMOORTHY, J.

PKN 12.09.2025 4/4