Madras High CourtWP(MD)/8715/2025disposed of

V.Moorthy 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 V.Moorthy .... Petitioner /Vs/

1. The Commissioner Nagercoil Municipal Corporation, Nagercoil, Kanyakumari District.

2. The Tahsildhar Agastheeswaram Taluk Office, Agastheeswaram Kanyakumari District.

3. The Head Surveyor (Vadasery East), Nagercoil Municipal Corporation, Nagercoil, Kanyakumari District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to survey and demarcate the petitioner's landed properties compressed in S.No.C. 1/3-7B and S.No.C.1/3-10 A at the extent of 51 Cents and 0.82 Sq. ft. situate at Vadasery East Village, Agastheeswaram Taluk, Kanyakumari District based on the petitioner's Challan No.0012217 dated 17/10/2024. 1/4

For Petitioner : Mr.J.Selvam For R2 & R3 : Mr.M.Lingadurai Special Government Pleader

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the third respondent to conduct survey and demarcate the petitioner's property.

2.I have heard the learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents.

3. The learned counsel for the petitioner states that as early as on 17.10.2024 the petitioner has made an application for survey and demarcation of his property and subsequently, has also sent a reminder on 03.11.2024 and despite the same, no survey has been conducted.

4. However, the learned Special Government Pleader appearing for the official respondents would submit that according to his instructions, survey was already conducted, but however, since the petitioner appears 2/4

to have grievances from the authorities would conduct survey in the presence of the petitioner.

5. Considering the above, the writ petition is disposed of directing the third respondent to conduct survey based on the petitioner's representation dated 03.11.2024, after hearing the objections, if any of the neighbours and pass final orders, within a period of twelve 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 Tahsildhar Agastheeswaram Taluk Office, Agastheeswaram Kanyakumari District.

2. The Head Surveyor (Vadasery East), Nagercoil Municipal Corporation, Nagercoil, Kanyakumari District.

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P.B. BALAJI , J.

am Order made in Dated:

28.03.2025 4/4