Peer Mohamed v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025
CORAM:
THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.16792 of 2025 Peer Mohammed ... Petitioner .Vs.
1.The District Collector, 2.The Sub Collector/Revenue Divisional officer, Padmanabhapuram, Thuckalay Post, 3.The Tahsildar, Kalkulam Taluk, Kanyakumari Distrct.
4.The Commissioner of Municipality, Thuckalay Municipality, 5.The Superintendent of Police, 6.The Inspector of Police, 1/6
Thuckalay Police Station, 7.Abdul Khader 8.Suji :Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to survey the Petitioner's land comprised in Resurvey No.A5/54 in total 4 cents in Old S.No. 2815/28A and 2815/42B lying as a single plot in Padmanabhapuram Municipality, Thuckalay Village, Kalkulam Taluk, Kanyakumari District and fix its boundaries as per the revenue records and to lay boundary Government Stone by obtaining adequate Police protection from the respondents 5 and 6 and to conclude the survey within the time stipulated by this Court.
For Petitioner : Mr.S.Sivakumar For Respondents : Mr.M.Gangatharan 1 to 3 Govt.Advocate For Respondent-4 :Mr.A.Baskaran For Respondents :Mr.M/.Vaikkam Karunanithi 5 and 6 Govt.Advocater(Crl.Side)
O R D E R
The Petitioner herein seeks a direction to the first respondent to survey his property situated in Resurvey No.A5/54 in total 4 cents in Old S.No.2815/28A and 2815/42B in 2/6
Padmanabhapuram Municipality, Thuckalay Village, Kalkulam Taluk, Kanyakumari District.
2.Mr.M.Gangatharan, learned Government Advocate takes notice for the respondents 1 to 3, Mr.A.Baskaran, learned Additional Government Pleader takes notice for the fourth respondent and Mr.M.Vaikkam Karunanithi, learned Government Advocate(Crl.Side) takes notice for the respondents 5 and 6. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.According to the Petitioner, he got right over the subject property through a Gift Deed executed by his father and mother on 28.04.2000. He submitted an application before the official respondents seeking survey of the subject property. The same has not been considered till date, Hence the Petitioner has come before this Court with the present Writ Petition for the relief stated supra. 4.Mr.M.Gangatharan, learned Government Advocate, who takes notice for the respondents 1 to 3 would submit that the Petitioner has not submitted any online application seeking survey of the subject property and if such online application is filed, it will be considered on its own merits within the time stipulated by this Court.
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5.In view of the same, the Petitioner is directed to submit an online application within a period of two weeks from the date of receipt of a copy of this order. If any such online application is filed, the the same shall be considered by the third respondent and pass orders on its own merits after issuing notice to the Petitioner and other interested parties, if any, within a period of 8 weeks from the date of a copy of this order.
6.With the above directions, the Writ Petition stands disposed of. No costs.
23.06.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, 2.The Sub Collector/Revenue Divisional officer, Padmanabhapuram, Thuckalay Post, 3.The Tahsildar, Kalkulam Taluk, Kanyakumari Distrct.
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4.The Commissioner of Municipality, Thuckalay Municipality, 5.The Superintendent of Police, 6.The Inspector of Police, Thuckalay Police Station, S.SOUNTHAR.,J.
vsn ORDER MADE IN W.P(MD)No.16792 of 2025 5/6
23.06.2025 6/6