Madras High CourtWP(MD)/2346/2021allowed

Durairaj. M v. The Commissioner

2023-09-22Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 2346 of 2021 M.Durairaj ...

Petitioner Vs.

1.The Commissioner, Trichirappalli City Municipal Corporation, Trichy.

2.The Thasildar (Land Survey), Thasildar Office, Srirengam, Trichy District.

3.The Head Surveyor, Trichirappalli District, Trichy.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus or any order or direction or order in the nature of a writ directing the respondents to consider the petitioner's application, dated 24.02.2020 and survey, locate and mark the four boundaries of the property in Survey No.332/12, Allithurai Village, Adhavathur, Trichirappllai District. 1/4

For Petitioner : Mr.S.Vinod Sathya Lazar For Respondents : Mr.J.Sriprasad for M/s.K.B.S Law Associates for R1 Mr.M.Ramesh, Government Adovocate for R2 and R3

ORDER

This writ petition is filed for Writ of Mandamus directing the respondents to consider the petitioner's application, dated 24.02.2020 and survey the four boundaries of the property in Survey No.332/12, Allithurai Village, Adhavathur, Trichirappllai District.

2. Heard Mr.S.Vinod Sathya Lazar, the Learned counsel appearing for the petitioner, Mr.M.Ramesh, the Learned Government Advocate appearing for the respondents 2 & 3 and perused the material documents available on record.

3. This Court without going into the merits of the case is directing the respondents to consider and pass orders. The respondents are directed to 2/4

issue notice to the petitioner as well as any rival claimants if any. The respondents shall survey the property in the presence of the petitioner and other rival claimants, thereafter identify the property and mark the boundaries. The exercise shall be completed within a period of six weeks, from the date of receipt of a copy of the order.

5. With these observations and directions, this Writ Petition is allowed. No Costs.

Index : Yes / No 22.09.2023 Internet : Yes ksa To 1.The Commissioner, Trichirappalli City Municipal Corporation, Trichy.

2.The Thasildar (Land Survey), Thasildar Office, Srirengam, Trichy District.

3.The Head Surveyor, Trichirappalli District, Trichy.

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S.SRIMATHY. J ksa Order made in W.P.(MD)No. 2346 of 2021 22.09.2023 4/4