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Madras High CourtWP/4917/2017disposed of

A.S.Sree Nandhini v. The Commissioner

2023-10-06Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN A.S.Sree Nandhini ... Petitioner -Vs1.The Commissioner, Corporation of Coimbatore.

2.The Town Sub Inspector of Survey, North Zone, Coimbatore Corporation.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents herein to provide the copy of the sketch and survey proceedings as per the survey conducted on 15.02.2017 for the lands situated in Krishnarayapuram, Coimbatore North, Ward -10, Block No.53, Survey No.598/1 and 2 and 597/1 and 2 as per Document No.3333/2014 dated 15.09.2014 in the office of the Sub Registrar, Peelamedu.

For Petitioner : Mr.P.Sidharthan For Respondents : Mr.A.Gopinath Government Advocate(Crl. Side)

ORDER

This Writ Petition has been filed for direction directing the respondents herein to provide the copy of the sketch and survey proceedings as per the survey conducted on 15.02.2017 for the lands situated in Krishnarayapuram, Coimbatore North, Ward -10, Block No.53, Survey No.598/1 and 2 and 597/1 and 2 as per Document No.3333/2014 dated 15.09.2014 in the office of the Sub Registrar, Peelamedu.

2. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondents and perused the materials available on record.

3. The petitioner's father owned land ad-measuring 1842 sq.ft comprised in T.S.No.598/1&2, 597/1&2 at Krishnarayanapuram Village, Coimbatore, by way of a partition deed dated 15.09.2014 registered vide Doc.No.3333 of 2014. Thereafter, her father entered into an agreement for sale with one Baskaran on 13.06.2016 for a total sale consideration of Rs.80 lakhs and also received Rs.10 lakhs as an advance. Thereafter, the property was surveyed at the instance of proposed buyer and found that there was a shortage of extent, due to which

there was a dispute between the petitioner and her father. Both had filed a private complaint and both the complaints are under challenge before this Court. In fact, by an order dated 06.10.2023, both the complaints were quashed in Crl.O.P.Nos.17963, 25269 and 26023 of 2017. Now, the petitioner sought for a copy of sketch and survey report.

4. Considering the above, the second respondent is directed to serve the copy of sketch and survey report dated 15.02.2017 in respect of lands situated at Krishnarayapuram, Coimbatore North, Ward 10, Block No.53, Survey Nos.598/1 and 2 and 597/1 and 2 to the petitioner, within a period of two weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. No costs. 06.10.2023 (2/2) Internet : Yes Index : Yes/No Speaking order/Non-speaking order rjr/mn

G.K.ILANTHIRAIYAN, J.

mn To 1.The Commissioner, Corporation of Coimbatore.

2.The Town Sub Inspector of Survey, North Zone, Coimbatore Corporation.

06.10.2023