Madras High CourtWP(MD)/8549/2025disposed of

Rizwana Ayub v. The Commissioner

2025-03-28Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Rizwana Ayub .... Petitioner /Vs/

1. The Commissioner Chinnamanur Municipality, Chinnamanur, Uthamapalayam Taluk, Theni District.

2. The Town Surveyor, Land Survey, Chinnamanur Municipality, Chinnamanur, Uthamapalayam Taluk, Theni District.

3. K.K.S.M.Kadhar Sulthan .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to measure the survey in Ward B, Block 17, T.S.No. 31/1 (Survey No. 1456/1) to an extent 2 Acres 1 cent situate at Chinnnamanur, Uthamapalayam Taluk, Theni District and consider the petitioners Survey Application dated 21.03.2024 submitted before the 1st respondent.

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For Petitioner : Mr.K.Guhan For R2 : Mr.B.Saravanan Additional Government Pleader

ORDER

With the consent of the learned counsel appearing on either side, the writ petition is taken up for final disposal, at the admission stage. 2.I have heard Mr.K.Guhan, learned counsel for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader appearing for the second respondent.

3. The petitioner seeks issuance of a Writ of Mandamus to direct the survey to be conducted based on her application dated 21.03.2024. The petitioner basis her claim for survey on a partition deed. It is the case of the petitioner that no notice was given for survey on 29.05.2024. Survey could not be conducted because of the objections of the private respondents namely the third respondent, who is an adjoining neighbouring owner.

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4. The learned Additional Government Pleader appearing for the respondents would submit that the authorities are taking necessary steps to dispose of the petitioner's survey application as expeditiously.

5. Considering the above, the writ petition is disposed of directing the first and second respondents to conclude the survey of the petitioner's application dated 21.03.2024, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Index : Yes / No NCC : Yes / No 28.03.2025 am To

1. The Commissioner Chinnamanur Municipality, Chinnamanur, Uthamapalayam Taluk, Theni District.

2. The Town Surveyor, Land Survey, Chinnamanur Municipality, Chinnamanur, Uthamapalayam Taluk, Theni District.

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P.B. BALAJI , J.

am Order made in Dated:

28.03.2025 4/4