Madras High CourtWP(MD)/15585/2025disposed of

Ahamed Hidhayadullah v. The Tahsildar

2025-06-11Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Ahamed Hidhayadullah ... Petitioner Vs.

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

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

3.M.Thamisudeen ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 and 2 to survey the land in connection with Old Survey No.58/7D and New Survey No.58/7D1 situated at Karisalvayal, Alagiyanayagipuram Post, Pattukottai Taluk, Thanjavur District with police protection at the

time of survey the land by considering the petitioner's application No. 2025/N123/21/007593 dated 15.04.2025 within time framed as fixed by this Court.

For Petitioner : Mr.D.S.Haroon Rasheed For R1 & R2 : Mr.M.Gangatharan Government Advocate

ORDER

The petitioner herein seeks a direction to the respondents 1 and 2 to survey the land situating Old Survey No.58/7D and New Survey No. 58/7D1 at Karisalvayal, Alagiyanayagipuram Post, Pattukottai Taluk, Thanjavur District by considering his application No. 2025/N123/21/007593, dated 15.04.2025.

2. Heard the arguments of Mr.D.S.Haroon Rasheed, learned counsel appearing for the petitioner and Mr.M.Gangatharan, learned Government Advocate, who takes notice on behalf of the respondents 1 and 2. Since no adverse order is going to be passed against the third respondent, notice to him is dispensed with.

3. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4. According to the petitioner, his father settled the aforementioned land in his favour under registered gift settlement deed dated 12.10.2009 and patta for the said property also stands in his name under Patta No.15. The petitioner submitted an application before the first respondent on 15.04.2025 seeking to survey of the aforementioned land. However, the same was opposed by the third respondent. Therefore, the petitioner has come before this Court seeking aforementioned prayer.

5. Mr.M.Gangatharan, learned Government Advocate, who takes notice for the respondents 1 and 2, would submit that already notice was issued to the petitioner and the third respondent fixing the date for surveying the property.

6. Since it is averred in the affidavit filed in support of this writ petition that the third respondent raised objection with regard to the

survey of the property, the first respondent shall hear both the petitioner as well as the third respondent and take a decision with regard to the survey of the property on its own merits and pass final orders within a period of four (4) weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of. No costs. 11.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No Rmk To 1.The Tahsildar, Office of the Tahsildar, Pattukottai Taluk, Thanjavur District.

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

S.SOUNTHAR ,J Rmk W.P.(MD)No.15585 of 2025 Dated: 11.06.2025