Peer Mohideen I v. The Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA I.Peer Mohideen .. Petitioner Vs.

1.The Assistant Commissioner, Tirunelveli Municipal Corporation, Tirunelveli Town Region, Tirunelveli.

2.The Town Surveyor, Tirunelveli Municipal Corporation, Tirunelveli Town Region, Tirunelveli.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to Survey and demarcate the boundary of the petitioner's land in Survey No. 768/2 situated at Suthamalli Village, Tirunelveli Taluk, Tirunelveli Corporation on the basis of the petitioner's application dated 02.07.2024. For Petitioner :

Mr.T.Selvan

For Respondents :

Mr.A.Sivanupandian Standing Counsel

ORDER

Seeking a mandamus to the respondents to survey and demarcate the boundary of the petitioner's land in Survey No.768/2 situate at Suthamalli Village, Tirunelveli Taluk, Tirunelveli Corporation on the basis of his application dated 02.07.2024, the petitioner is before this Court.

2. The case of the petitioner is that he has purchased the above mentioned property from one Sankarasubramanian vide registered sale deed dated 15.03.2010 and is in possession and enjoyment of the same from the date of purchase. He made an application to survey his land and to demarcate the boundary on 02.07.2024. But the respondents have not taken any steps to survey his land. Therefore, the petitioner is before this Court.

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner and also the fact that the petitioner has made his representation as early as on 02.07.2024, a mandamus is issued to the respondents to conduct survey and subdivision of the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs.

30.08.2024 NCC : Yes/No Index : Yes/No abr

P.T.ASHA, J.

abr Dated: 30.08.2024