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Madras High CourtWP(MD)/2780/2018disposed of

O.Baskaran, S/O.Ochathevar, v. The Commissioner,

2022-12-06Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2022

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.2780 of 2018:

O.Baskaran ... Petitioner Vs.

1.The Commissioner, Theni-Allinagaram Municipality, 2.The Town Surveyor, Theni-Allinagaram Municipality, ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to survey the property of the petitioner in Survey No.190 of Karuvel Nayakanpatti Village, Allinagaram, Theni District within a time fixed by this Court.

For Petitioner :Mr.C.M.Arumugam For Respondents :Mr.K.Hemakarthikeyan * * * * * W.P(MD)No.2754 of 2018:

P.Mokkamayan ... Petitioner Vs.

1.The Commissioner, Theni-Allinagaram Municipality, 2.The Town Surveyor, Theni-Allinagaram Municipality, ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to survey the property of the petitioner in Survey No.190 of Karuvel Nayakanpatti Village, Allinagaram, Theni District within a time fixed by this Court.

For Petitioner :Mr.C.M.Arumugam For Respondents :Mr.K.Hemakarthikeyan * * * * *

COMMON ORDER The prayer in these writ petitions is to survey the property of the petitioners in Survey No.190 of Karuvel Nayakanpatti Village, Allinagaram,

2. It is the case of the petitioners that they had purchased a smaller extent of land and they had made representation to the respondents to survey the land and mark boundary. In spite of the application to survey the land, no action has been taken up by the respondents and hence, they have approached this Court.

3. Learned counsel appearing for the Municipalities would submit that the survey is not conducted as the petitioner had not produced the relevant parent document and the revenue records to them to conduct the survey. If the petitioners produce the relevant documents to enable the respondents, they are ready and willing to conduct the survey.

4. Learned counsel appearing for the petitioners submitted that they will produce all the relevant documents that are available with them to enable the respondents to conduct the survey.

5. Considering the submission made across the Bar, a direction is issued to the respondents to conduct a survey, based on the sale deed produced by the petitioner and the petitioner shall produce the documents within a period of two weeks from the date of receipt of a copy of this order and the respondents are directed to conduct the survey within a period of four weeks from the date of receipt of such documents.

6. With the above direction, these writ petitions are disposed of. No costs.

06.12.2022 Index : Yes / No Speaking Order/Non Speaking Order sbn

K.KUMARESH BABU, J.

sbn 06.12.2022