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Madras High CourtWP/6826/2015disposed of

K.Gopalakrishnan v. The Commissioner

2015-03-11Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.6826/2015 K.Gopalakrishnan

...Petitioner

Versus

1. The Commissioner Pollachi Municipality Pollachi, Coimbatore District.

2. The Town Surveyor Pollachi, Coimbatore District.

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st respondent to dispose of the petitioner representation dated 16.02.2015 with respect of survey of the petitioner land comprised in TOS.No.896/6 of Pollachi, Coimbatore District.

For Petitioner :

Mr.P.Muthukrishnan For Respondents :

Mrs.P.Rajalakshmi, GA

ORDER

Heard Mr.P.Muthukrishnan, learned counsel appearing for the petitioner ; and Mrs.P.Rajalakshmi, learned Government Advocate accepting notice for the respondents and with their consent, the writ petition is disposed of at the admission stage itself. 2.The petitioner has filed this writ petition to direct the 1st respondent to dispose of the petitioner representation dated 16.02.2015 with respect of survey of the petitioner land comprised in TOS.No.896/6 of Pollachi, Coimbatore District. https://hcservices.ecourts.gov.in/hcservices/

3.The petitioner is the absolute owner of the properties comprised in ToS.No.896/6A, 6B, 6C and 6D measuring to an extent of 7 cents and he is in peaceful enjoyment and possession of the said property. Apprehending certain encroachment by the third parties, the petitioner submitted an application before the 1st respondent on 16.02.2015 seeking for surveying the property and demarcating the same. In this regard the fees has also been remitted by the petitioner. Despite the same, no action has been initiated by the 1st respondent. Hence, the petitioner is before this Court with the aforesaid prayer.

4.In the light of the above, without going into the merits of the petitioner's contentions, there will be a direction to the 1st respondent to consider the petitioner's representation dated 16.02.2015 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

5.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar AP To

1. The Commissioner Pollachi Municipality Pollachi, Coimbatore District.

2. The Town Surveyor Pollachi, Coimbatore District.

1 CC to Mr.P.Muthukrishnan, Advocate SR.No. 13671 1 CC to the Government Pleader, SR.No. 14203 WP.No.6826/2015 SAI (CO) PSI (20.03.2015) https://hcservices.ecourts.gov.in/hcservices/