M.Mohamed Abul Fahad v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.Mohamed Abul Fahad ... Petitioner Vs.

1. The Tahsildar, Thiruvadanai Taluk Office,

2. The Head Surveyor, Thiruvadanai Taluk Office,

3. The Inspector of Police, Thondi Police Station, Thondi, Ramanathapuram District. ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st respondent to direct the 2nd respondent to survey the petitioner's property in Patta No.1567 in Survey No.59/5B1A1A1 an extent of 1242 3⁄4 sq. feet of Thondi Village, Thiruvadanai Taluk, Ramanathapuram District along

with police protection by the 3rd respondent by considering the petitioner's application dated 14.07.2025.

For Petitioner : Mr.I.Kalantaraasik Ahamadu For Respondents : Mr.M.Gangatharan Government Advocate for R1 & R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) for R3

ORDER

The writ petition is filed seeking a direction to the first respondent to direct the second respondent to survey the property situated in Survey No.59/5B1A1A1 an extent of 1242 3⁄4 sq. feet of Thondi Village, Thiruvadanai Taluk, Ramanathapuram District by considering the petitioner's application dated 14.07.2025.

2. Heard the arguments of Mr.I.Kalantaraasik Ahamadu, learned counsel appearing for the petitioner, Mr.M.Gangatharan, learned Government Advocate appearing for the respondents 1 & 2 and Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl.Side)

appearing for the third respondent. 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 originally belonged to one Mohamed Rasik. He sold the property to one Sagunthala under sale deed dated 07.02.2007. Subsequently, the said Sagunthala sold the property to one Selvi under sale deed dated 25.08.2014. The petitioner purchased the property from the said Selvi under the sale deed dated 16.06.2025. The patta still stands in the name of the petitioner's predecessor in interest Mohammed Rasik. The petitioner submitted an application for survey of the property on 14.07.2025 and the same has not been considered. Hence, the petitioner has come before this Court.

4. The learned Government Advocate who takes notice for the respondents 1 & 2 would submit that the petitioner failed to submit any online application. Hence, his request for survey has not been considered.

5. In view of the same, without expressing any opinion on the merits of the matter, the petitioner is directed to produce the acknowledgment for having submitted online application before the first respondent within a period of two weeks from the date of receipt of a copy of this order. On production of acknowledgment, the respondents 1 & 2 shall consider the online application of the petitioner and pass final orders on its own merits within a further period of eight weeks, after issuing notice to the petitioner, neighbouring land owners and other interested parties. Accordingly, this Writ Petition is disposed of. There shall be no orders as to costs.

14.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No PJL To

1. The Tahsildar Thiruvadanai Taluk Office,

2. The Head Surveyor, Thiruvadanai Taluk Office.

3. The Inspector of Police, Thondi Police Station, Thondi,

S.SOUNTHAR ,J PJL W.P.(MD)No.22297 of 2025 Dated: 14.08.2025