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Madras High CourtWP(MD)/16298/2020disposed of

P.Aruldoss v. The Commissioner

2020-11-19Honourable Mr Justice S. Vaidyanathan2 pages

W.P.(MD) No.16298 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.16298 of 2020 P.Aruldoss ... Petitioner -Vs1. The Commissioner, Tuticorin Corporation, Tuticorin.

2. The Head Surveyor, Tuticorin Corporation, Tuticorin.

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to survey the petitioner's land in Town Survey Ward No.4, Block No.21, Survey Nos.3466/44, 3466/45 situated at Toovipuram 2nd Street, Tuticorin, based on the petitioner's application dated 01.09.2020 within a time stipulated by this Court.

For Petitioner : Mr.R.Jegadeeswaran For R1 : Mr.L.Shaji Bino, Senior Counsel.

For R2 : Mr.K.P.Krishnadoss Special Government Pleader.

ORDER

The petitioner has come forward with this Writ Petition, seeking a direction to the respondents to survey the petitioner's land in Town Survey Ward No.4, Block No.21, Survey Nos.3466/44, 3466/45 situated at Toovipuram 2nd Street, Tuticorin, based on the petitioner's application dated 01.09.2020 within a time stipulated by this Court.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.Mr.L.Shaji Bino, learned Senior Counsel takes notice for the first respondent and Mr.K.P.Krishnadoss, learned Special Government Pleader takes notice for the second respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.16298 of 2020 4.According to the petitioner, he is in possession and enjoyment of the property in Town Survey Ward No.4, Block No.21, Survey Nos.3466/44, 3466/45 situated at Toovipuram 2nd Street, Tuticorin. In order to survey the land and fix boundaries, he has made an application dated 01.09.2020 and also paid necessary charges for the same. Since no steps have been taken, the petitioner has approached this Court, seeking aforesaid prayer. 5.This Court without going into the merits of the case, directs the respondents to survey the property of the petitioner, after affording opportunity to the petitioner as well as the persons, who are likely to be affected. The said survey shall be photographed and videographed in the presence of the petitioner and the costs of Photograph and Videograph to be borne by the petitioner.

Such exercise shall be completed, within a period of three (3) months from the date of receipt of a copy of this order. At the time of conducting survey and in case of issuance of patta, the guidelines issued by this Court in W.P.(MD)No.13465 of 2020, dated 13.10.2020 and W.P.(MD)Nos.7746 of 2020 etc., batch dated 23.09.2020, have to be scrupulously followed. 6.Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) Myr 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 The Head Surveyor, Tuticorin Corporation, Tuticorin.

W.P.(MD)No.16298 of 2020 19.11.2020 PV(CO) CS(03.12.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2