Madras High CourtWP/14456/2020disposed of

N.Rasammal v. The Town Surveyor

2020-10-12Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:12.10.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.14456 of 2020 & WMP.No.17943 of 2020 N. Rasammal

...Petitioner

Vs.

The Town Surveyor, Revenue Department, Tiruppur.

...Respondent

Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus directing the 1st respondent to survey the lands of the petitioner in Survey No.628/1A, 1B and 1C (acre 1.25 cents), Survey No.628/2B (acre 0.89 cents) and Survey No.629/1A and Survey No.629/2A (acre 1.66 cents) totalling to an extent of acres 3.80 cents in Nallur Village, Tiruppur District (by providing the Town Survey Nos) without insisting the petitioner to get the WILL dated 13.6.2003 executed by her father Late Mr. Kandasamy Gounded probated within a time frame as may be fixed by this Court. For Petitioner : M/s. Kavya Silambannan Associates For Respondents: Mr.S.N. Parthasarathy, Govt. Advocate

O R D E R

This Writ Petition has been filed for the issue of writ of Mandamus directing the respondent to act upon the application submitted by the petitioner, wherein, the petitioner has sought for the survey of the subject property for the purpose of fixing the boundary.

2. Heard the learned counsel for the petitioner and Mr.S.N.Parthasarathy, learned Government Advocate appearing for the respondent.

3. The learned Govt. Advocate, on instructions submitted that the respondent has fixed the date for survey on 22.10.2020 @ 10 a.m. The learned counsel submitted that the petitioner can also be present at the time of survey along with all relevant https://hcservices.ecourts.gov.in/hcservices/

documents and the same will be completed within the time fixed by this Court.

4. Taking into consideration the facts and circumstances of the case and also of the fact that the respondent has already fixed the date for survey, there shall be a direction to the respondent to complete the survey within a period of four weeks from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS-) // True Copy// Sub Assistant Registrar msr To The Town Surveyor, Revenue Department, Tiruppur.

+1cc to M/s. Kavya Silambannan Associates, Advocate, SR.No.33761 +1cc to Government Pleader, SR.No.34121 +1cc to Government Pleader, SR.No.34122 W.P.No.14456 of 2020 PP(CO) KKV/22/10/2020 https://hcservices.ecourts.gov.in/hcservices/