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Madras High CourtWP/19953/2025disposed of

Senthilkumar v. The Commissioner Of Coimbatore Corporation,

2025-06-12Honourable Mr.Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.19953 of 2025 Senthilkumar ... Petitioner(s) Vs.

1. The Commissioner of Coimbatore Corporation, Office of the Coimbatore Corporation, Raja Street, Town Hall, Coimbatore 641 001.

2. The Taluk Surveyor, Office of the Taluk Surveyor, Singanallur Taluk, Coimbatore, Coimbatore, District.

... Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent herein to survey the petitioner's land and fix the boundary, the land measuring about 5 cents situated in ward No.35, Block No.57, T.S.No.39, S.F. No.160/1 Singanallur Village, Singanallur Taluk, Coimbatore District (Land covered by the settlement deed dated 06.06.2005, Document No.3020 of 2005, SRO Singanallur).

For Petitioner(s) : Mr.S.Lakshmanasamy For R1 : Mr.N.Umapathi Standing Counsel 1/5

For R2 : Mr.A.Selvendran Special Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition is filed praying for a writ of mandamus to direct the 2nd respondent to survey the petitioner's land situated in ward No.35, Block No.57, T.S.No.39, S.F. No.160/1 Singanallur Village, Singanallur Taluk, Coimbatore District.

3. It is submitted by the learned counsel for the petitioner that the land comprised in T.S.No.39, S.F.No.160/1, measuring 20 cents, situated in Singanallur Village, Singanallur Taluk, Coimbatore District originally belonged to one Ponnuthaai. The said Ponnuthaai executed a settlement deed on 06.06.2005 in favour of the petitioner, registered in Doc.No.3020 of 2005 before the SRO Singanallur. It is further submitted that the petitioner had sold 15 cents out of total extent of 20 cents, to various persons and the remaining land measuring about 5 cents is in possession and enjoyment of the petitioner. 3.1. It is submitted by the learned counsel for the petitioner that the 2/5

petitioner submitted an online application on 13.09.2024 before the 1st respondent to measure the subject property and to fix boundary and also paid necessary fees. The said online application was forwarded to the 2nd respondent, however, the 2nd respondent has not taken any action to survey the subject property. Aggrieved by the same the present writ petition came to be filed before this Court.

4. The learned Special Government Pleader appearing for the 2nd respondent would submit that they would consider the online application dated 13.09.2024 and carry out a survey and fix the boundary of the subject property and complete the process within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.

5. In view thereof, the writ petition stands disposed of with the direction to the respondents to consider the petitioner's online application dated 13.09.2024 and carry out a survey, and fix the boundary of the subject property and complete the process within a period of 8 weeks from the date of receipt of a copy of this order after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open 3/5

to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs.

12.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:

1. The Commissioner of Coimbatore Corporation, Office of the Coimbatore Corporation, Raja Street, Town Hall, Coimbatore 641 001.

2. The Taluk Surveyor, Office of the Taluk Surveyor, Singanallur Taluk, Coimbatore, Coimbatore, District.

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MOHAMMED SHAFFIQ, J.

spp W.P. No.19953 of 2025 12.06.2025 5/5