Madras High CourtWP(MD)/6802/2025disposed of

Mohamed Yusuf v. The Tahsildar

2025-03-17Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI Mohamed Yusuf : Petitioner Vs.

1.The Tahsildar, Office of the Tahsildar, Pattukottai, Thanjavur District.

2.The Head Surveyor, Office of the Tahsildar, Pattukottai, Thanjavur District.

3.The Inspector of Police, Adhirampattinam Police Station, Thanjavur District.

4.Muthukrishnan : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 and 2 to survey the land in connection with survey number 240/3 1/5

situated at Adhiramapattinam, Pattukottai Taluk, Thanjavur District with police protection at the time of survey the land by considering the online application No.20241217009103 dated 17.12.2024. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents 1 & 2 : Mr.S.Jeyapriya, Government Advocate For Respondent No.3 : Mr.S.Prakash Government Advocate [Crl. Side]

O R D E R

The petitioner has sought for issuance of a Writ of Mandamus to direct the survey to be conducted based on the petitioner's application dated 17.12.2024. The petitioner placing reliance on the registered sale deed dated 08.02.2024, as well as Patta No.3883, issued to the petitioner, sought for survey to be conducted. However, at the instance of the fourth respondent, the officials are unable to go ahead with the survey. 2.Learned Additional Government Pleader, on the last hearing brought to my notice that a suit is also pending in O.S.No. 508 of 2024. Therefore, the survey cannot be undertaken as requested by the petitioner, until disposal of the said suit. 3.Today, learned Counsel for the petitioner on getting instructions submitted that the suit in O.S.No.508 of 2024, has been 2/5

filed by the fourth respondent only in respect of S.No.240/2 and not in respect of the survey number for which survey is sought for ie., S.No.240/3.

4.In view of the above, there can be no impediment for the respondents 1 and 2 to go ahead with the survey, as sought for by the petitioner. Considering the objections of the fourth respondent, it is open to the first respondent to seek the assistance of the third respondent to ensure that the survey is conducted without any law and order problem arising. The said exercise shall be carried out by the respondents 2 and 3, within a period of four [4] weeks from the date of receipt of a copy of the order.

5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. 17.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The Tahsildar, Office of the Tahsildar, Pattukottai, Thanjavur District.

2.The Head Surveyor, Office of the Tahsildar, Pattukottai, Thanjavur District.

3.The Inspector of Police, Adhirampattinam Police Station, Thanjavur District.

4/5

P.B.BALAJI.

, J.

MR 17.03.2025 5/5