Haroon Rasheed v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.16018 of 2025 Haroon Rasheed ... Petitioner .Vs.

1.The District Collector, Thoothukudi District.

2.The Tahsildar,, Thiruchendur Taluk Office, Thoothukudi District.

3.The Surveyor, Thiruchendur Taluk, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to survey and demarcate the Petitioner's property situated in S.No.132/1A and 132/2A of Kayalpattinam Thenpakam Village, Thiruchendur Taluk, Thoothukudi, by considering the Petitioner's application, dated 21.4.2025 within the time stipulated by this Court. For Petitioner : Mr.K.SuyambulingaBharathi 1/5

For Respondents : Mr.A.Baskaran 1 to 3 Addl.Govt.Pleader

O R D E R

The Petitioner herein seeks a direction to the second respondent to survey and demarcate the Petitioner's property situated in S.No.132/1A and 132/2A of Kayalpattinam Thenpakam Village, Thiruchendur Taluk, Thoothukudi, by considering the Petitioner's application, dated 21.4.2025. 2.Mr.A.Baskaran, learned Additional Government Pleader takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.It is the case of the Petitioner that the subject property was purchased by the Petitioner's grand father under registered sale deeds, dated 26.5.1941 and 24.5.1974. After the death of the Petitioner's grand father, the property was inherited by the Petitioner's father Mohammed Lebbai. Patta for the subject property stands in the name of Petitioner's father in Patta No. 1308. Now the Petitioner's father died on 21.8.2010, leaving behind the Petitioner, his mother Saheena Beevi and his brother 2/5

Habeeb Mohammed Amjad. The Petitioner, being the co owner, filed an application before the second respondent seeking survey of the property. The same has not been considered till date. Hence, the Petitioner has come forward with the present Writ Petition for the relief stated supra.

4.Mr.A.Baskaran, learned Additional Government Pleader, who takes notice for the respondents 1 to 3 would submit that when the respondents made an attempt to survey the property, there is objection by the neighbouring land owners. In support of the said statement, the learned Additional Government Pleader produced a proceedings of the second respondent, dated 12.5.2025. 5.In view of the above submission, without expressing any opinion on the merits of the matter. the respondents 2 and 3 are directed to consider the online application of the Petitioner, dated 21.4.2025 and pass final orders on its own merits after issuing notice to the Petitioner and other interested parties,if any, within a period of 12 weeks from the date of a copy of this order. 6.With the above direction, the Writ Petition stands disposed of. No costs.

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NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Thoothukudi District.

2.The Tahsildar,, Thiruchendur Taluk Office, Thoothukudi District.

3.The Surveyor, Thiruchendur Taluk, Thoothukudi District.

S.SOUNTHAR.,J.

vsn ORDER MADE IN 4/5

W.P(MD)No.16018 of 2025 13.06.2025 5/5