Muhammed Uushen v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2025

CORAM:

THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.16244 of 2025 Muhammed Uushen ... Petitioner Vs.

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3. The Tahsildar, Aruppukottai Taluk, Virudhunagar District.

4. Sheikh Muhammed.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent no.3 to survey the land in Survey No.285/8B, Poolangal Village, Aruppukottai Taluk, Virudhunagar District and fix the boundaries in view of the representation dated 20.05.2025.

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For Petitioner : Mr.M.Jothi Basu For R1 to R3 : Mrs.S.Jeya Priya Government Advocate

ORDER

The petitioner herein seeks a direction to the 3rd respondent to survey the land situated in S.No.285/8B at Poolangal Village, Aruppukottai Taluk, Virudhunagar District by considering his representation dated 20.05.2025.

2. Heard the learned counsel for the petitioner and Mrs.S.Jeya Priya, learned Government Advocate for the respondents.

3. By consent of both parties, the writ petition is taken up for final disposal at the stage of admission itself.

4. According to the petitioner, the above mentioned property was settled by one Kolusammal in favour of Varisai Muhammadu Rowuther (petitioner's father) and Muhammed Esub Rowuther on 26.06.1992. Subsequent to the death of Kolusammal, the petitioner's father and his 2/6

brother orally divided the subject property in S.No.285/8B and allotted the subject property as the petitioner's father share. After the death of the petitioner's father the petitioner is in possession and enjoyment of the subject property. Since the 4th respondent herein attempted to interfere with the possession of the petitioner's property, he filed a suit in O.S.No.182 of 2014 on the file of the Principal District Munsif Court, Aruppukottai, seeking declaration and permanent injunction and the same was decreed ex-parte.

5. In such circumstances, the petitioner submitted an online application on 20.05.2025 in A.No.2025/0123/26/008090, seeking survey of the subject property. The same has not been considered. Hence, the petitioner has come before this Court.

6. The learned Government Advocate, who takes notice for the respondents 1 to 3 would submit that the online application of the petitioner dated 20.05.2025 will be considered on its own merits within the time stipulated by this Court.

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7. In view of the same, without expressing any opinion on the merits of the matter, the 3rd respondent is directed to consider the online application of the petitioner dated 20.05.2025 and pass final orders on its own merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order, after taking notice to the 4th respondent and other interested parties.

8. The writ petition is disposed of with the above observations. No costs.

17.06.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3. The Tahsildar, Aruppukottai Taluk, Virudhunagar District.

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S.SOUNTHAR , J.

rgm W.P.(MD).No.16244 of 2025 17.06.2025 6/6