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Abdul Nazar v. The Tahsildar

Madras HC19 Mar 2025WP(MD)/31192/2024

Case brief

AI extract

What is this about?

W.P.(MD)No.31192 of 2024, decided 19.03.2025, Madurai Bench of Madras High Court, P.B.Balaji J. Abdul Nazar v. (1) Tahsildar, Town South Taluk, Madurai Corporation; (2) Town Surveyor, Zone 3, Madurai Corporation. Land survey and patta transfer; Article 226 writ of mandamus; application dated 06.10.2024 for survey and 04.12.2024 for patta transfer; eight-week compliance direction; police assistance during survey; T.S.No.94, Block 29, Ward 49, Munichalai Road, Madurai; disposed of without costs.

What did the court decide?

Direction to the 1st respondent (Tahsildar), with the help of the 2nd respondent (Town Surveyor), to conduct the survey based on the petitioner's application dated 06.10.2024 within eight (8) weeks, with jurisdictional police assistance on request; writ petition disposed of without costs. ¶27

Abdul Nazar Vs The Tahsildar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should conduct a survey of the petitioner's land (T.S.No.94, Block No.29, Ward No.49, Door No.16, 16A, extend 1472 sq. ft., Ismail Puram 4th Street, Munichalai Road, Madurai) based on his application dated 06.10.2024. +1 more

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Court's answer

In view of the sale deed, mutated patta and pending applications, 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.

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Ratio / Principle

The writ petition is disposed of with a direction to the 1st respondent, with the help of the 2nd respondent, to conduct the survey based on the petitioner's application dated 06.10.2024 within eight (8) weeks from receipt of a copy of the order.

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Key takeaways

If the 1st respondent apprehends any breach of law and order at the time of survey, it may seek assistance of the jurisdictional police officials, who shall ensure sufficient police force is made available to safeguard the official respondents during the survey.ratio¶26

Detailed headnote1 paragraphs

Madras HC (Madurai Bench), single judge (P.B.Balaji, J.), disposed of a writ petition under Article 226 filed by Abdul Nazar seeking a survey of T.S.No.94, Block No.29, Ward No.49, Door No.16, 16A (1472 sq. ft., Ismail Puram 4th Street, Munichalai Road, Madurai) and a consequent separate patta. Finding no legal impediment, the court directed the Tahsildar, Town South Taluk, with the help of the Town Surveyor, Zone 3, to conduct the survey pursuant to the petitioner's application dated 06.10.2024 within eight weeks of receipt of the order, permitted recourse to jurisdictional police where law-and-order issues were apprehended, and closed the matter without costs.

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W.P.(MD)No.31192 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE P.B.BALAJI

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W.P.(MD)No.31192 of 2024

Abdul Nazar

... Petitioner

Vs.

1.The Tahsildar, Town South Taluk, Madurai Corporation, Madurai. 2.The Town Surveyor, Zone 3 Madurai Corporation, Madurai. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2 nd 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 4 th Street, Munichalai Road, Madurai, and consequently the 1 st 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 4 th Street, Munichalai Road, Madurai.

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For Petitioner : Mr.S.Balaji

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.31192 of 2024

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For Respondents : Mr.B.Saravanan Additional Government Pleader

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O R D E R

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The petitioner based on the sale deed, under which he has purchased the

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property as well as patta mutated in his vendor's name, has sought for survey.

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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.

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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 1 st respondent, with the help of the 2 nd 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 1 st respondent to seek assistance of the jurisdictional police officials in the

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event of the 1 st respondent apprehending any breach of law and order at the time of survey. On such request being made, the jurisdictional police officials shall

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.31192 of 2024

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

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

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costs.