Madras High CourtWP(MD)/4973/2021disposed of

Kaliyaperumal.E v. The Commissioner

2022-09-28Honourable Mrs Justice V.Bhavani Subbaroyan10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 28.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.4973 of 2021 E.Kaliyaperumal ..Petitioner Vs 1.The Commissioner, Tiruchirappalli City Municipal Corporation, Bharathidasan Salai, Cantonment, Tiruchirappalli - 620 001.

2.The Sub Inspector of Survey, Ariyamangalam Zone, Tiruchirappalli City Municipal Corporation, Bharathidasan Salai, Cantonment, Tiruchirappalli - 620 001.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to survey and measure the properties comprised in T.S.No. 106, admeasuring an extent of 65 sq.mtr, T.S.No.107, admeasuring an extent of 71 sq mtr and T.S.No.108, admeasuring an extent of 42 sq.mtr situated at Nadusanyankula Theru, East Boulevard Road, Tiruchirappalli - 620 002.

For Petitioner :Mr.Shangar Murali For Respondents :Mr.R.Baskaran 1 and 2 Standing Counsel

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the second respondent to survey and measure the properties comprised in T.S.No.106, admeasuring an extent of 65 sq.mtr, T.S.No.107, admeasuring an extent of 71 sq mtr and T.S.No.108, admeasuring an extent of 42 sq.mtr situated at Nadusanyankula Theru, East Boulevard Road, Tiruchirappalli - 620 002. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.The case of the Petitioner is that the Petitioner's father Ethirajalu had purchased the above referred lands by way of registered sale deed No.1064/1914, dated 25.10.1914. As the buildings in the said lands are in very dilapidated condition, the Petitioner has decided to construct new buildings. When the Petitioner approached the Bank for loan, the petitioner has been advised to survey the said lands to produce the same for loan purpose. The Petitioer's name has also been registered in the Tiruchirappalli Town Survey Land Register. Therefore the Petitioner submitted an application on 11.12.2020 to the respondents to survey the lands and also paid a sum of Rs.1250/- towards survey charges. As the same was not done till date, the Petitioner has filed the present Writ Petition for the relief stated supra.

4.The learned Standing Counsel appearing for the respondents would submit that the respondents are intending to measure the properties of the Petitioner on 30.9.2022.

5.In view of the above said submission, the Petitioner is directed to be ready for survey of his lands on 30.09.2022 and the respondents are directed to conduct the survey the Petitioner's lands as sought for herein on 30.09.2022, as admitted by them, after giving an opportunity of hearing to the parties concerned,if any, failing which, the said survey is directed to be completed within a period of four weeks thereafter. 6.With these directions, the Writ Petition stands disposed of. No costs.

28.09.2022 Index : Yes/No Internet:Yes/No vsn To 1.The Commissioner, Tiruchirappalli City Municipal Corporation, Bharathidasan Salai, Cantonment, Tiruchirappalli - 620 001.

2.The Sub Inspector of Survey, Ariyamangalam Zone,

Tiruchirappalli City Municipal Corporation, Bharathidasan Salai, Cantonment, Tiruchirappalli - 620 001.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.4973 of 2021 28.09.2022