Madras High CourtWP(MD)/8965/2022disposed of

Naguleswaran v. The Assistant Commissioner

2022-04-29Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Naguleswaran ... Petitioner Vs 1.The Assistant Commissioner, Ko-Abhisekapuram Division, Trichy City Corporation, Trichy.

2.The Sub-Inspector of Survey, Survey Section, Ko-Abhisekapuram Division, Trichy City Corporation, Trichy.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to conduct the survey and fix the boundaries in respect of the petitioner's property comprised in Town Survey Ward G, Block No.19, covered in T.S.No.40/2 of an extent of 0.717 Square Metres and also in Town Survey Ward G, Block No.19, covered in T.S.No.25/3 of an extent of 0.345 Square Metres, Town Survey Ward G, Block No.20, covered in T.S.No.1/2A of an extent of 0.92 Square Metres and Town Survey Ward G, Block No.20, covered in T.S.No.20/1 of an extent of 0.99 Square Metres situated at Thamarai Salai, Annamalai Nagar, Karur Bypass Road, Trichy, on the basis of the petitioner's application dated 25.02.2022 within the time stipulated by this Court.

For Petitioner : Mr.B.Jameel Arasu For R-1 & R-2 : Mr.T.Amjad Khan Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey the property comprised in Town Survey Ward G, Block No.19, covered in T.S.No.40/2 of an extent of 0.717 Square Metres and also in Town Survey Ward G, Block No.19, covered in T.S.No.25/3 of an extent of 0.345 Square Metres, Town Survey Ward G, Block No.20, covered in T.S.No.1/2A of an extent of 0.92 Square Metres and Town Survey Ward G, Block No.20, covered in T.S.No.20/1 of an extent of 0.99 Square Metres situated at Thamarai Salai, Annamalai Nagar, Karur Bypass Road, Trichy, on the basis of petitioner's representation dated 25.02.2022, within a time frame to be fixed by this Court.

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2.The petitioner has submitted a representation to the respondents on 25.02.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to him absolutely. Since the said representation has not been considered till date, this writ petition has been filed.

3.Heard Mr.B.Jameel Arasu, learned Counsel for the writ petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents.

4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 25.02.2022 for the said purpose.

5.No prejudice would be caused to the respondents, if the survey and demarcation of the boundaries is done in the presence of the petitioner and any other necessary party, whom the respondents deem fit to put on notice at the time of survey. 6.Accordingly, this Court directs the respondents to survey and fix the boundaries in the petitioner's property comprised in Town Survey Ward G, Block No.19, covered in T.S.No.40/2 of an extent of 0.717 Square Metres and also in Town Survey Ward G, Block No.19, covered in T.S.No.25/3 of an extent of 0.345 Square Metres, Town Survey Ward G, Block No.20, covered in T.S.No.1/2A of an extent of 0.92 Square Metres and Town Survey Ward G, Block No.20, covered in T.S.No.20/1 of an extent of 0.99 Square Metres situated at Thamarai Salai, Annamalai Nagar, Karur Bypass Road, Trichy, after giving notice to the petitioner and any other necessary party, whom the respondents deem fit to put on notice at the time of survey, within a period of twelve [12] weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 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 Assistant Commissioner, Ko-Abhisekapuram Division, Trichy City Corporation, Trichy.

2.The Sub-Inspector of Survey, Survey Section, Ko-Abhisekapuram Division, Trichy City Corporation, Trichy.

29.04.2022 RS (25.05.2022) 3P-3C 3/3