Madras High CourtWP(MD)/31192/2024disposed of

Abdul Nazar v. The Tahsildar

2025-03-19Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI Abdul Nazar ... Petitioner Vs.

1.The Tahsildar, Town South Taluk, Madurai Corporation, Madurai.

2.The Town Surveyor, Zone 3 Madurai Corporation, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to consider petitioner's application, dated 06.10.2024 and measure the land T.S.No.94, Block No.29, Ward No.49, Door No.16, 16A for the extend of 1472 Sq. ft. in Ismail Puram 4th Street, Munichalai Road, Madurai, and consequently the 1st respondent to issue separate patta in favour of the petitioner in respect of T.S.No.94, Block No.29, Ward No.49, Door No.16, 16A for the extend of 1472 Sq. ft. in Ismail Puram 4th Street, Munichalai Road, Madurai. For Petitioner : Mr.S.Balaji 1/4

For Respondents : Mr.B.Saravanan Additional Government Pleader

O R D E R

The petitioner based on the sale deed, under which he has purchased the property as well as patta mutated in his vendor's name, has sought for survey.

2. The petitioner has also made an application on 06.10.2024. The petitioner's application for transfer of patta has also been made on 04.12.2024. Aggrieved by the inaction upon his representations, this writ petition.

3. In view of the above, the petitioner's application for survey can be favourably considered and there is no legal impediment for the respondents to go ahead with the survey. Hence, this writ petition is disposed of with a direction to the 1st respondent, with the help of the 2nd respondent, to conduct survey based on the petitioner's application, dated 06.10.2024, within a period of eight (8) weeks from the date of receipt of copy of this order. It shall be open to the 1st respondent to seek assistance of the jurisdictional police officials in the event of the 1st respondent apprehending any breach of law and order at the time of survey. On such request being made, the jurisdictional police officials shall 2/4

also ensure that sufficient police force is made available to safeguard the official respondents during the time of survey.

4. With the above direction, this Writ Petition stands disposed of. No costs.

19.03.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

1.The Tahsildar, Town South Taluk, Madurai Corporation, Madurai.

2.The Town Surveyor, Zone 3 Madurai Corporation, Madurai.

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P.B.BALAJI , J.

gbg 19.03.2025 4/4