Ahamed Athif v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI W.P.(MD) No.10507 of 2025 Ahamed Athif ... Petitioner /Vs./ 1.The Tahsildar, Office of the Tahsildar, Pattukottai Taluk, Tanjavur District.

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

3.Sulaiman Sait ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents No.1 and 2 to survey the land in connection with Survey No.349/52 and 349/53 situated at Eripurakkarai Village, Athiramapattinam Town, Thanjavur District with police protection at the time of survey the land by considering the petitioner's application No.2025/N123/21/006556 dated 1/5

28.01.2025 within time framed as fixed by this Court. For Petitioner : Mr.R.Riyas Ahamed For R1 & R2 : Mr.S.Kameswaran Government Advocate

ORDER

Heard Mr.R.Riyas Ahamed, learned counsel for the petitioner and Mr.S.Kameswaran, learned Government Advocate for the respondents 1 and 2.

2.The petitioner seeks issuance of a Writ of Mandamus to direct the respondents 1 and 2 to survey the petitioner's land by considering the application of the petitioner dated 28.01.2025. 3.Mr.S.Kameswaran, learned Government Advocate, would invite my attention to the joint patta and submits that if the other pattadhars give consent, the respondents 1 and 2 shall proceed to conduct the survey and dispose of the petitioner's application dated 28.01.2025. 2/5

4.The learned counsel for the petitioner submits that the CoPattadhars are the brothers of the writ petitioner and they have no objection for the survey to be conducted as requested by the writ petitioner.

5.In view of the above, the Writ Petition is disposed of in the following terms:- i) The petitioner shall get consent letters/No objection letters from the Co-pattadhars/his family members/brothers and submit the same to the first respondent within a period of 4 weeks from the date of receipt of a copy of this order.

ii) On receipt of such no objection letters/consent letters from the petitioner, the first respondent shall fix a date for survey and issue notice to the petitioner as well as the third respondent, who may be adversely affected by the said survey and invite his objections, if any. iii) If the first respondent receives any objections from the third respondent, the first respondent shall proceed to conduct the survey after addressing the objections of the third respondent, if any. 3/5

iv) The survey shall be conducted with the assistance of the second respondent and if necessary, the first respondent shall also take the help of the jurisdictional police officials, in the event of the first respondent apprehending any breach of peace.

v) The above exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. No costs.

Index : Yes / No 17.04.2025 NCC : Yes / No mm TO:- 1.The Tahsildar, Office of the Tahsildar, Pattukottai Taluk, Tanjavur District.

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

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P.B. BALAJI , J.

mm Order made in Dated:

17.04.2025 5/5