Madras High CourtWP/37350/2025disposed of

M.Muhammad Niyaji v. The District Collector

2025-10-07Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.41784 of 2025 1.M.Muhammad Niyaji 2.A.J. Muhammad Malik .....

Petitioners Vs.

1.The District Collector Mayiladuthurai District.

2.The Revenue Divisional Officer Mayiladuthurai District.

3.The Tahsildar Tharangambadi Taluk, Mayiladuthurai District.

4.The Taluk Surveyor Tharangambadi Taluk, Mayiladuthurai District.

5.The Sub Inspector of Survey Tharangambadi Taluk, Mayiladuthurai District.

6.N. Kalaivanan, 7.N. Kalyansundram .....

Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 to 4 herein to survey and demarcate the property situated in S.No.22/4C at Aathiyaan Street, Sembanarkovil Village, Tharangambadi Taluk, Mayiladuthurai District, admeasuring to an extent of 0.07 1/3 cents (i.e. 3197 Sq. Ft) by considering the online application submitted by the petitioners on 22.04.2025.

For Petitioners : Mr.M.R.Kuyilan For R1 to R5 : Mr.S.Rajesh Government Advocate

ORDER

This Writ Petition has been filed seeking a direction to the respondents 1 to 4 herein to survey of the land comprised in Survey No. 22/4C, admeasuring 0.07 1/3 cents, situated at Aathiyaan Street, Sembanarkovil Village, Tharangambadi Taluk, Mayiladuthurai District and to demarcate the boundaries, by considering the petitioners representation dated 22.04.2025.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioners owned land comprised in Survey No. 22/4C, admeasuring 0.07 1/3 cents, situated at Aathiyaan Street, Sembanarkovil Village, Tharangambadi Taluk, Mayiladuthurai District. In order to survey the said land, the petitioners submitted an application before the respondents 1 to 4 and also paid requisite fees for the same. So far the respondents 1 to 4 did not take any steps to survey and demarcate the land belongs to the petitioners. Hence, this writ petition.

4. In view of the above, the third respondent is directed to survey the petitioner's aforesaid land based on the title deed produced by the petitioners, after issuance of notice to the adjacent land owners and counter parties, if any, and to serve the survey report to the petitioners within a period of six weeks from the date of receipt of copy of this order. It is made clear that, if the surveyor concerned is obstructed by third parties while surveying the subject land, the said surveyor can approach the jurisdictional police seeking police aid and on such request, the jurisdictional police shall provide adequate police protection to the surveyor.

5. With the above direction, this writ petition is disposed of. There shall be no order as to costs.

07.10.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.The District Collector Mayiladuthurai District.

2.The Revenue Divisional Officer Mayiladuthurai District.

3.The Tahsildar Tharangambadi Taluk, Mayiladuthurai District.

4.The Taluk Surveyor Tharangambadi Taluk, Mayiladuthurai District.

5.The Sub Inspector of Survey Tharangambadi Taluk, Mayiladuthurai District.

G.K.ILANTHIRAIYAN. J, Lpp 07.10.2025