F. Sebastian v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.1159 of 2015 F.Sebastian ..... Petitioner - Vs1. The Commissioner, Trichy City Corporation, Trichy City.

2. The Assistant Commissioner, Ariamangalam Ward Office, Tiruchirapalli City Corporation, Trichy City.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to remove the wrong entries made in the Town Survey Register and include the petitioner name pertaining to the property situated at No.2202/1 Old Ward No.5, Block No.36, New Ward No. F Block No.29 in connection with Survey No.77 Sankaranpillai Road, Trichy based on petitioner representation dated 19.07.2014 within the time stipulated by this Court.

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For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.J.Sriprasad for R.B.Associates

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus, directing the respondents herein to remove the wrong entries made in the Town Survey Register and include the petitioner name in respect of the property situated in Survey No.77, Sankaranpillai Road, Trichy based on petitioner representation dated 19.07.2014 within the time stipulated by this Court.

2. The learned counsel for the petitioner has drawn the attention to the judgment of this Court in S.A.No.425 of 2013, dated 29.08.2013 and submitted that the respondents will have to carry out the rectification based on the civil Court proceedings, which had attained finality by the judgment and decree made in S.A.No.425 of 2013.

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3. Considering the limited prayer sought for in the writ petition and also considering the fact that the petitioner's representation has been made as early as in the year 2014, this Court directs the petitioner to submit a fresh representation to the second respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the second respondent shall consider the same in line with the judgment and decree of this Court in S.A.No.425/2013 and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks thereafter.

4. With the above said directions, this Writ Petition is disposed of. There shall be no order as to costs.

14.02.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi 3/5

To

1. The Commissioner, Trichy City Corporation, Trichy City.

2. The Assistant Commissioner, Ariamangalam Ward Office, Tiruchirapalli City Corporation, Trichy City.

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K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No. 1159 of 2015 14.02.2023 5/5