Madras High CourtWP(MD)/5205/2021disposed of

Vaithiyanathan.G v. The District Collector

2021-04-09Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.Vaithiyanathan

...Petitioner

Vs.

1.The District Collector, Trichy District, Trichy.

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

3.The Head Surveyor, Trichirappalli Taluk Office Campus, Trichirappalli.

4.The Tahsildar, Trichirappalli West, Trichy.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus, directing the respondents to measure and survey the petitioner's land situated in Ward NO.AK-007, Block No.6, Town Survey NO.80, Old Survey No.143/2A1, 3BB extent 153 square meters bearing Door No.20/21 in Mission Kovil Street, Mayilvaganaswamy Street, Craw Ford, Trichy based on the petitioner's representation dated 21.01.2021. For Petitioner : Mr.N.Anandakumar For Respondents 1, 3 & 4 : Mr.P.Mahendran Additional Government Pleader For Respondent No.2 : Mr.N.S.Karthikeyan

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 21.01.2021 wherein the petitioner has sought for the survey of the subject property. 1/3

2. The case of the petitioner is that he purchased the subject property by virtue of a registered sale deed dated 15.10.2004. The petitioner is in possession of title documents from the year 1947 onwards.

3. The petitioner applied for the survey of the property and also remitted the necessary fees. This was done in the year 2018 and the grievance of the petitioner is that no survey was conducted.

4. The petitioner made a fresh representation to the respondents on 21.01.2021 and again sought for the survey of the subject property. Since the same did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate directions.

5. The learned Additional Government Pleader appearing on behalf of the respondents based on the written instructions received by him from the Sub Inspector of Survey, Trichirapalli Municipal Corporation submitted that the documents submitted by the petitioner has been scrutinized and the claim made by the petitioner is in line with the documents produced by him. The learned counsel submitted that survey will be conducted within the time frame fixed by this Court.

6. Taking into consideration the facts and circumstances of the case and also the fact that the application submitted by the petitioner is already under active consideration, there shall be a direction to the petitioner to pay necessary charges for conducting the survey and a further direction to the respondents 2 to 4 to complete the process of survey within a period of six(6) weeks from the date of receipt of a copy of this order.

7. This writ petition is disposed of with the above directions. No Costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Trichy District, Trichy.

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

3.The Head Surveyor, Trichirappalli Taluk Office Campus, Trichirappalli.

4.The Tahsildar, Trichirappalli West, Trichy.

+1 CC to M/s.SPL GP ( SR-15850[F] dated 15/04/2021 ) 09.04.2021 ( )COO A5(26/02/2021) 3 P 6C 3/3