Disposed¶41

Mohamed Yusuf v. The Tahsildar

Madras HC17 Mar 2025WP(MD)/6802/2025

Case brief

AI extract

What is this about?

Writ mandamus survey S.No.240/3 Adhiramapattinam Pattukottai Taluk Thanjavur; petitioner Mohamed Yusuf; Patta No.3883; registered sale deed 08.02.2024; online application No.20241217009103 dated 17.12.2024; suit O.S.No.508 of 2024 by Muthukrishnan limited to S.No.240/2 — no bar to survey of S.No.240/3; police assistance permitted; completion within four weeks; Article 226 Constitution of India; W.P.(MD)No.6802 of 2025; Madurai Bench Madras High Court; P.B. Balaji J.; disposed 17.03.2025.

What did the court decide?

Writ petition disposed of with directions: respondents 1 and 2 cleared to survey S.No.240/3; first respondent may seek police assistance (respondent 3) to avoid law-and-order problems; respondents 2 and 3 to complete the survey within four weeks; no order as to costs. ¶41

Mohamed Yusuf 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 a writ of mandamus should issue directing respondents 1 and 2 to conduct the survey of S.No.240/3 at Adhiramapattinam, Pattukottai Taluk, with police protection, pursuant to the petitioner's application dated 17.12.2024. +1 more

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Court's answer

It is open to the first respondent (Tahsildar) to seek the assistance of the third respondent (Inspector of Police, Adhirampattinam) to ensure the survey is conducted without any law and order problem arising, given the objections of the fourth respondent.

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Ratio / Principle

Since the suit O.S.No.508 of 2024 filed by the fourth respondent relates only to S.No.240/2 and not to S.No.240/3, for which survey is sought, there can be no impediment to respondents 1 and 2 going ahead with the survey as sought by the petitioner.

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Key takeaways

The survey exercise shall be carried out by respondents 2 and 3 within a period of four [4] weeks from the date of receipt of a copy of the order.ratio¶40

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench) | P.B. Balaji J. | W.P.(MD)No.6802 of 2025 | Disposed 17.03.2025 | Petitioner Mohamed Yusuf, relying on registered sale deed dated 08.02.2024 and Patta No.3883, sought mandamus directing the Tahsildar and Head Surveyor, Pattukottai, to survey S.No.240/3 at Adhiramapattinam per online application No.20241217009103 dated 17.12.2024, with police protection. Survey stalled due to the objection of respondent 4 (Muthukrishnan) and pendency of his suit O.S.No.508 of 2024; petitioner's counsel clarified the suit covers S.No.240/2 only, not S.No.240/3. Holding: no impediment exists to conducting the survey; first respondent may enlist the Inspector of Police, Adhirampattinam, to prevent law-and-order problems; respondents 2 and 3 to complete the survey within four weeks of receipt of the order. No costs. Filed under Article 226, Constitution of India.

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W.P.(MD)No.6802 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 17.03.2025

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CORAM

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THE HON'BLE MR.JUSTICE P.B.BALAJI

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W.P.(MD)No.6802 of 2025

Mohamed Yusuf

: Petitioner

Vs.

1.The Tahsildar,

Office of the Tahsildar, Pattukottai,

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Thanjavur District.

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2.The Head Surveyor,

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Office of the Tahsildar,

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Pattukottai,

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Thanjavur District.

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3.The Inspector of Police,

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Adhirampattinam Police Station,

Thanjavur District.

4.Muthukrishnan

: Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of

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India, praying for a Writ of Mandamus, directing the respondents 1 and 2 to survey the land in connection with survey number 240/3

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1/5

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

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W.P.(MD)No.6802 of 2025

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situated at Adhiramapattinam, Pattukottai Taluk, Thanjavur District with police protection at the time of survey the land by considering the online application No.20241217009103 dated 17.12.2024.

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For Petitioner : Mr.D.S.Haroon Rasheed

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For Respondents 1 & 2 : Mr.S.Jeyapriya,

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Government Advocate

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For Respondent No.3 : Mr.S.Prakash

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Government Advocate [Crl. Side]

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O R D E R

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The petitioner has sought for issuance of a Writ of Mandamus to direct the survey to be conducted based on the petitioner's application dated 17.12.2024. The petitioner placing reliance on the registered sale deed dated 08.02.2024, as well as Patta No.3883, issued to the petitioner, sought for survey to be conducted. However, at the instance of the fourth respondent, the officials are unable to go ahead with the survey.

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2. Learned Additional Government Pleader, on the last hearing brought to my notice that a suit is also pending in O.S.No. 508 of 2024. Therefore, the survey cannot be undertaken as requested by the petitioner, until disposal of the said suit.

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3. Today, learned Counsel for the petitioner on getting instructions submitted that the suit in O.S.No.508 of 2024, has been

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https://www.mhc.tn.gov.in/judis 2/5

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W.P.(MD)No.6802 of 2025

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filed by the fourth respondent only in respect of S.No.240/2 and not in respect of the survey number for which survey is sought for ie., S.No.240/3.

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4. In view of the above, there can be no impediment for the respondents 1 and 2 to go ahead with the survey, as sought for by the petitioner. Considering the objections of the fourth respondent, it is open to the first respondent to seek the assistance of the third respondent to ensure that the survey is conducted without any law and order problem arising. The said exercise shall be carried out by the respondents 2 and 3, within a period of four [4] weeks from the date of receipt of a copy of the order.

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5. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

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17.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR

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

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W.P.(MD)No.6802 of 2025

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