Mohamed Nasar v. The Thasildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2025 CORAM :
THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.(MD)No.19266 of 2025 Mohamed Nasar
...Petitioner
Vs.
1.The Tahsildar, 2.The Head Surveyor, 3.Mahathir ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents No.1 and 2 to survey the land and fix the boundary stones in connection with Survey No.220/12 to an extent of 34.58 cents, 220/25C to an extent of 3.11 cents, 220/25D to an extent of 2.29 cents and 220/25I 1/6
to the extent of 2.49 cents situated at Keelayur Village, Ilayangudi Taluk, Sivagangai District.
For Petitioner : Mr.A.Jainul Abudheen For Respondents : Mr.D.S.Nedunchezian Government Advocate for R1 & R2
ORDER
The petitioner herein seeks a direction to the respondents 1 and 2 to survey the property situated in Survey Nos.220/12, 220/25C, 220/25D and 220/25I in Keelayur Village, Ilayangudi Taluk, Sivagangai District.
2. Heard the arguments of Mr.A.Jainul Abudheen, learned counsel appearing for the petitioner and Mr.D.S.Nedunchezian, learned Government Advocate, who takes notice for the respondents 1 and 2. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
3. According to the petitioner, the subject property was originally belonged to the petitioner's father Abdul Kadar. After the death of the petitioner's father, the other legal heirs executed a release deed in favour 2/6
of the petitioner under registered release deed dated 08.09.2015. Thus, the petitioner has become the absolute owner of the subject property and the revenue records also stands in the name of the petitioner in Patta Nos. 2235 and 2236. The petitioner submitted an online application for survey of the subject property on 25.04.2025. The same has not been considered till date. Hence, the petitioner has come before this Court.
4. The learned Government Advocate appearing for the respondents 1 and 2 would submit that the petitioner produced an acknowledgement card for submitting online application only for one Survey No.220/25I. In respect of the other survey numbers, the petitioner has not produced necessary acknowledgement card.
5. In view of the same, without expressing any opinion on the merits of the matter, the petitioner is directed to file proper online application and produce the acknowledgement card before the first respondent in respect of other survey number also, within a period of two weeks from the date of receipt of a copy of this order and on production of the acknowledgement card, the first respondent shall consider the 3/6
online application of the petitioner and pass final orders on its own merits within a period of eight weeks thereafter, after issuing notice to the petitioner, third respondent, neighboring land owners and other interested parties. In case the petitioner failed to produce acknowledgement in respect of other survey number within the time stipulated, the respondents 1 and 2 shall consider the request of the petitioner in respect of Survey No.220/25I alone and pass necessary orders within time stipulated after notice to persons mentioned above.
6. With the above direction, this Writ Petition stands disposed of. No costs.
17.07.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The Tahsildar, 4/6
2.The Head Surveyor, 5/6
S.SOUNTHAR, J.
csm Order made in W.P.(MD)No.19266 of 2025 Dated : 17.07.2025 6/6