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2025 Supreme(Online)(Mad) 59110

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
Rajesh – Appellant
Versus
The District Collector, Theni District – Respondent
Writ Petition (MD) No.22241 of 2025 | WMP (MD) No.17349 of 2025



Advocates:
For the Appellants/Petitioners: Mr.J.M.Arvind Pawlraj
For the Respondents: Mr.SRA.Ramachandran

The court emphasized adherence to proper procedures under the Tamil Nadu Survey and Boundaries Act, ruling against unnecessary litigation under Article 226 when proper avenues exist for contesting grievances.

Headnote:(A) Constitution of India - Article 226 - Writ petition filed to quash proceedings and direct fresh inquiry as per previous guidelines - Petitioner alleged failure by Village Administrative Officer to survey land after proper payment - Despite various complaints, action remained unsatisfactory, leading to litigation - Authorities contended petitioner bypassed proper procedures under Tamil Nadu Survey and Boundaries Act. (Paras 1, 2, 3, 4, 5, 7)

(B) Administrative duties and responsibilities - Responsibilities of revenue officers to attend to legal notices - Failure to respond constitutes dereliction of duty in accordance with Tamil Nadu Government Servants Conduct Rules. (Para 4)

Facts of the case:
The petitioner sought to survey a land parcel but faced inaction from the Village Administrative Officer needing to issue legal notices, culminating in a consumer complaint for compensation.

Findings of Court:
The petition was determined to be unnecessary as proper protocol under the Tamil Nadu Survey and Boundaries Act was not followed, leading to dismissal of the writ petition.

Issues: The primary issue cited was whether the grievance committee followed guidelines outlined in prior rulings and if the Village Administrative Officer's actions constituted dereliction of duty.

Ratio Decidendi: Court ruled that the petitioner's failure to follow official procedures, filing unnecessary complaints, and litigating under Article 226 was inappropriate, thus warranting dismissal of the writ petition.

Result: Writ Petition dismissed.

Table of Content
1. petitioner's actions regarding land survey were questioned. (Para 3)
2. arguments presented concerning improper survey requests. (Para 4 , 5)
3. court's reflections on procedural adherence. (Para 6)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 14/08/2025 CORAM THE HONOURABLE MR. JUSTICE M.DHANDAPANI WP (MD). No.22241 of 2025 and WMP(MD) No.17349 of 2025 Rajesh ... Petitioner Vs

1. The District Collector, Theni District, Collectorate Building, Theni.

2. VAO Grievance Committee, Represented by its the Chairperson/

the Personal Assistant to Collector (Land), Collectorate Building, Theni.

3. Thangaraj, Village Administrative Officer, Odaipatti Village, Uthamapalayam Taluk, Theni District.. ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings in E.Ko.No.A6/2737933 (CLR/REV/8725)/2024 dated 28.04.2025 passed by the 2nd respondent quash the same as illegal and consequently direct the 2nd respondent to conduct fresh enquiry as per the guidelines issued by this Court in WP(MD) No.13916 of 2019 dated 01.07.2019 and take necessary action against the 3rd respondent by considering the petitioner's representation dated 22.11.2024. For Petitioner : Mr.J.M.Arvind Pawlraj For Respondents : Mr.SRA.Ramachandran for R1 &R2 Special Government Pleader

ORDER

By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

2. This writ petition has been filed challenging impugned proceedings in E.Ko.No.A6/2737933 (CLR/REV/8725)/2024 dated 28.04.2025 passed by the 2nd respondent and quash the same as illegal and consequently to direct the 2nd respondent to conduct fresh enquiry as per the guidelines issued by this Court in WP(MD) No.13916 of 2019 dated 01.07.2019 and take necessary action against the 3rd respondent by considering the petitioner's representation dated 22.11.2024.

3. The facts in nutshell is as follows:

The petitioner had purchased a piece of land for valid consideration. In order to survey the said land, the petitioner approached the Village Administrative Officer, Firka Surveyor, Head Surveyor and the Tahsildar by paying necessary fees. However, the Village Administrative Officer/3rd respondent had not surveyed the land. Therefore, the petitioner was constrained to issue legal notices to the third respondent and the third respondent refused to receive the same and therefore, the petitioner preferred a representation to the 1st respondent for constituting VAO Grievance Committee and accordingly, the first respondent constituted the said committee on 06.01.2025 and notice was also sent to the petitioner and the petitioner could not attend the said enquiry conducted on 10.01.2025. In the meantime, the petitioner preferred a consumer complaint against the Additional Director of Land Survey, Tahsildar, Head Surveyor and the Firka Surveyor. The said complaint was entertained and an award for a sum of Rs.30,000/- was passed as compensation apart from Rs.10,000/- as costs. Subsequently, the 2nd respondent herein issued notice on 27.02.2025 for the enquiry to be conducted on 14.03.2025, which was received by the petitioner on 08.03.2025. Since the petitioner is aggrieved by the appointment of a member in the grievance committee, the petitioner sent a representation to the 1st respondent for constituting a fresh committee and as such, a committee was constituted and it had conducted enquiry on 24.04.2025. However, not being satisfied with the enquiry conducted, the petitioner requested the conduct of enquiry in a private place, however, since the same was refused, the petitioner sent a representation on 25.04.2025 and the same was rejected. Since the respondents had failed to follow the guidelines framed in WP(MD) No.13916 of 2019 dated 01.07.2019, the petitioner is before this Court with this writ petition.

4. The l

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