Madras High CourtWP(MD)/15394/2020disposed of

M.Pitchai v. The Assistant Commissioner

2020-11-05Honourable Mr Justice S. Vaidyanathan2 pages

W.P.(MD)No.15394 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P.(MD)No.15394 of 2020 M.Pitchai ... Petitioner -vs1.The Assistant Commissioner, Ariyamangalam Zone, Tiruchirappalli City Municipal Corporation, Tiruchirappalli.

2.The Sub Inspector of Survey, Town Settlement, Ponmalai Firka, Ariyamangalam Zone, Tiruchirappalli City Municipal Corporation, Tiruchirappalli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to survey the land in Old Survey No.61/3C in New Town Survey No.130/114 in Ward No.AF, Block No.21 of Kottapattu Village, Tiruchirappalli East Taluk for an extent of 0.31.0 hectares and consequently consider the application No.3757, dated 23.06.2020 and the acknowledgement dated 24.06.2020.

For Petitioner : Mr.P.Arun Jayatram For Respondents : Mr.P.Kannithevan Additional Government Pleader

ORDER

This writ petition is filed seeking issuance of a Writ of Mandamus directing the respondents to survey the land in Old Survey No.61/3C in New Town Survey No.130/114 in Ward No.AF, Block No.21 of Kottapattu Village, Tiruchirappalli East Taluk, measuring to an extent of 0.31.0 hectares and consequently consider the application No.3757, dated 23.06.2020 made by the petitioner. 2.Heard the learned Counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader, who took notice for the respondents. By consent of both parties, the Writ Petition is taken up for hearing and disposed of at the admission stage itself.

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W.P.(MD)No.15394 of 2020 3.It is represented by the learned counsel appearing for the petitioner that a land measuring to an extent of 0.31.0 hectares in Old Survey No.61/3 in New Town Survey No.130/114 in Ward No.AF, Block No.21 of Kottapattu Village, Tiruchirappalli East Taluk, belongs to the petitioner's father. After the demise of the petitioner's father on 19.11.2018, the petitioner made an application on 23.06.2020 seeking survey of his land. Since there was no response from the respondents, the petitioner has come forward with the present Writ Petition.

4.Considering the facts and circumstances of the case, the first respondent is directed to consider the application of the petitioner dated 23.06.2020 and survey the property in the light of the judgment made in W.P.(MD)No.13465 of 2020, dated 13.10.2020, and in case of issuance of patta, after survey, the directions issued by this Court in W.P(MD).No.7746 of 2020 batch, dated 23.09.2020 should be scrupulously followed.

5.With the above directions, the writ petition, is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM To 1.The Assistant Commissioner, Ariyamangalam Zone, Tiruchirappalli City Municipal Corporation, Tiruchirappalli.

2.The Sub Inspector of Survey, Town Settlement, Ponmalai Firka, Ariyamangalam Zone, Tiruchirappalli City Municipal Corporation, Tiruchirappalli.

W.P(MD)No.15394 of 2020 05.11.2020 SGS(CO) TR(01.12.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2