Syed Hussain v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.19097 of 2025 Syed Hussain ... Petitioner .Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

3.The Head Surveyor, Kadaladi Taluk, Ramanathapuram District.

4.Kunalan 5.Vedhamani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 2 and 3 to survey and demarcate the Petitioner's land in S.No.104/6 to an extent of 0.9.5 ares situated at Kadaladi Taluk, Ramanathapuram District after issuing notice to all he interested parties by considering the Petitioner's 1/5

application No.2024/0123/27/003917, dated 2.12.2024 within the period stipulated by this Court.

For Petitioner : Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondents : Mr.M.Gangatharan 1 to 3 Govt. Advocate

O R D E R

The Petitioner herein seeks a direction to the respondents 2 and 3 to survey the Petitioner's land in S.No.104/6 to an extent of 0.9.5 ares situated at T.Mariyur, Kadaladi Taluk, Ramanathapuram District by considering the Petitioner's application No.2024/0123/27/003917, dated 02.12.2024 2.Mr.M.Gangatharan, learned Government Advocate 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 or the Petitioner that the subject property belongs to Al Aksha Jumma Masjid and the Petitioner is the Trustee of the said Masjid. In that capacity, the Petitioner submitted a representation on 2.12.2024 seeking survey of the subject property. The same has not been considered so far. Hence 2/5

the Petitioner is 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 pursuant to the application submitted by the Petitioner, survey notice was issued to the Petitioner and private respondents fixing the date of survey as 6.8.2024.

5.In view of the same, without expressing any opinion on the merits of the matter, the respondents 2 and 3 are directed to consider the application of the Petitioner, dated 2.12.2024 and pass orders on its own merits after issuing notice to the Petitioner, respondents 4 and 5, neighbouring land owners 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.

15.07.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn 3/5

To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

3.The Head Surveyor, Kadaladi Taluk, Ramanathapuram District.

S.SOUNTHAR.,J.

vsn ORDER MADE IN 4/5

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