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Madras High CourtWP(MD)/20343/2021disposed of

Panneer Selvam. V v. The Thasildar

2021-12-16Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.12.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.20343 of 2021 V.Panneer Selvam ... Petitioner Vs.

1.The Thasildar, Srirangam Taluk Office, Srirangam, Trichy.

2.The Commissioner, Trichy Corporation, Trichy.

3.The Assistant Commissioner, Golden Rock Zone, Trichy Corporation, Trichy.

...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 to survey and issue separate patta for the properties comprised in S.No.13/1, 13/1C2 and 13/3A, situated in Piratiyur Village, Srirangam Taluk, Trichy District, now comprised within the limits of Tiruchirappalli Corporation. For Petitioner : Mr.R.Murali For S.Prem Kumar For R1 : Mr.S.Shamugavel Additional Government Pleader For R2 and R3 : Mr.A.Baskaran Standing Counsel

ORDER

The Writ Petition has been filed in the nature of Mandamus, seeking a direction to the second and third respondents to conduct survey of the lands under S.Nos.13/1, 13/1C2 and 13/3A, Piratiyur Village, Srirangam Taluk in Trichy District, within the limits of Tiruchirappalli Corporation.

2.The petitioner claims that he is the owner of the property in S.No.13/1, measuring 29 cents. His wife, Lakshmi is the owner of the property in S.No.13/1C2, measuring 50 cents. His father 1/3

S.N.Venkusamy is the owner of the property comprised in S.No.13/3A, measuring 56 cents. His father is now dead and therefore the petitioner claims right and title over the said property also. He has further stated that it only be appropriate that the three properties are surveyed and thereafter, patta is granted to him. He claims that necessary application has also been filed and he has also paid survey sketch fees and survey measurement fees.

3.A direction is given to the second and the third respondents represented by Mr.A.Baskaran, learned Standing Counsel for Trichy Corporation to issue notice to the petitioner, his wife and also all other legal heirs of the petitioner's father S.N.Venkusamy and examine the claims of all the persons and if there are no rival claims proceed further to conduct survey of the aforesaid lands. Thereafter, a report may be forwarded to the first respondent/the Tahsildar, Srirangam Taluk, who may again enquire into the entire aspect and if satisfied, proceed to do the necessary in accordance with the application given by the petitioner herein. 4.Entire exercise is to be completed within a period of twelve weeks from the date of receipt of a copy of this order by the second and third respondents and further eight weeks is granted to the first respondent to proceed further in accordance with the report of the second and the third respondents. 5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) Lr 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 Thasildar, Srirangam Taluk Office, Srirangam, Trichy.

2/3

2.The Commissioner, Trichy Corporation, Trichy.

3.The Assistant Commissioner, Golden Rock Zone, Trichy Corporation, Trichy.

+1 CC to M/S.SPL. GP, SR-39248 dated 16/12/2021 +1 CC to M/S.R.BASKARAN, Advocate SR-39776, dated 21/12/2021 +1 CC to M/S.R.MURALI, Advocate SR-39196, dated 17/12/2021 W.P(MD).No.20343 of 2021 16.12.2021 RD(03/01/2022) 3P 7C 3/3