S. Shamsath Begam v. Commissioner, Kumbakonam Municipality, Kumbakonam
2014-10-28
M.VENUGOPAL
body2014
DigiLaw.ai
Judgment 1. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the first respondent. 2. According to the petitioner, she is the owner of the house property and backyard in T.S.No.18, Municipal 4th Ward, Pettai Salai Karai Theru, Kumbakonam. The said property was purchased by her from one C. Govindarajan S/o. Chinnaiah Nadar by a valid registered sale deed dated 09.03.1992 vide document No.539/1992 and she is in possession and enjoyment of the same from the date of purchase. 3. The specific case of the petitioner is that she belongs to Muslim Community and her children are residing in abroad and she is residing in the said house with her husband. Further taking advantage of the old age of her husband, the second respondent endeavoured to encroach upon her property and hence he had filed a suit in O.S.No.312 of 2014 on the file of the learned Principal District Munsif, Kumbakonam seeking a relief of injunction stating that he is a cultivating tenant of the property belonging to Arulmigu Santhana Gopala Krishnan Kovil. In fact, the second respondent tried to put up fence in her property as if fencing was there and she was trying to remove the fencing. 4. In the aforesaid backdrop, she has approached the Municipality to measure her property by metes and bounds. The Municipality directed her to pay the appropriate fee for survey and measurement. Accordingly, she paid the same on 18.06.2014 by challan No.1405666. However, till date, the first respondent/Municipality has not measured her land. On 22.09.2014 and 30.09.2014, she sent reminders including the copy of the receipt towards survey fee etc. Even then, the first respondent had not come forward to measure her land. 5.
Accordingly, she paid the same on 18.06.2014 by challan No.1405666. However, till date, the first respondent/Municipality has not measured her land. On 22.09.2014 and 30.09.2014, she sent reminders including the copy of the receipt towards survey fee etc. Even then, the first respondent had not come forward to measure her land. 5. In view of the fact that the petitioner's prayer is limited to the extent of passing of an order by this Court in directing the first respondent to measure the house and vacant site (backyard) situate at T.S.No.18 and T.S.No.3/2 Municipal 4th ward Pettai, Salai Karai Theru, Thanjavur Main Road-59, Kumbakonam, based on her application dated 18.06.2014 and the subsequent reminders, sent by her, this Court, in the interest of Justice, Fair Play and as a matter of Prudence, directs the first respondent to take necessary positive steps in regard to the measurement of the house and vacant site of the petitioner mentioned in the writ petition by considering her application dated 18.06.2014 in a just fair and objective passion within a period of six weeks from the date of receipt of a copy of this order. 6. With the aforesaid directions, this Writ Petition stands disposed of. No costs.