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2022 DIGILAW 582 (MAD)

N. Jegatheesan v. Executive Engineer, Tamil Nadu Housing Board, Madurai

2022-03-07

ABDUL QUDDHOSE

body2022
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to take steps to measure and demarcate the subject property considering the petitioner's representation dated 21.12.2021 and received by them on 22.12.2021 within a time stipulated by this Court.) 1. This Writ Petition has been filed for a Mandamus seeking for a direction to the first respondent to take steps to measure and demarcate the property comprised in S.No.1/1 part of Villapuram Village, marked as Commercial Plot No.31 in the sanctioned plan Avaniapuram Site and Service scheme and measuring to an extent of 1600 sq.ft., based on the petitioner's application, dated 21.12.2021 within a time frame to be fixed by this Court. 2. The case of the petitioner is that he is the absolute owner of the aforementioned property. It is the case of the petitioner that the Highways Department is undertaking works for widening the road. Hence, he has submitted an application on 21.12.2021 to the first respondent requesting to conduct survey and demarcation of boundaries for his property. Since, the said application has not been considered till date, he has filed this Writ Petition. 3. Heard Mr.Babu Rajendran, learned Counsel for the petitioner, Mr.Mahaboob Athiff, learned Standing Counsel for the first respondent, Mr.A.Jeyaram, learned Counsel for the respondents 2 to 4 and Mr.R.Devaraj, learned Counsel for the fifth respondent. 4. The learned Standing Counsel for the first respondent, on instructions, would submit that the first respondent is willing to conduct survey and demarcation of boundaries for the petitioner's property after giving notice to the petitioner as well as the neighbouring land owners, namely, the respondents 2 to 5. The said statement is recorded. 5. However, the learned Counsels for the respondents 2 to 4 as well as the fifth respondent oppose the conduct of survey and demarcation of boundaries. According to them, the property was purchased in the year 2007 through an allotment made by the first respondent in the year 1996 and therefore, there is no cause of action for the petitioner at this stage to seek conduct of survey and demarcation of boundaries after the lapse of fifteen years from the date of sale deed. The said objection is recorded. 6. The said objection is recorded. 6. However, this Court is of the considered view that no prejudice will be caused to the respondents, if the petitioner's representation seeking for conduct of survey and demarcation of the petitioner's property by the first respondent, is permitted. The petitioner wants to survey and demarcate the boundaries of his property. No substantive relief has been sought for by the petitioner except to conduct survey and demarcation of boundaries, that too in the presence of the neigbouring land owners, namely, the respondents 2 to 5. 7. The objection raised by the private respondents is unsustainable, as it is not going to prejudice their interest. The measurements are also mentioned in the sale deed, dated 01.11.2007, under which the petitioner has purchased the property. Only in accordance with those measurements, the survey and demarcation of boundaries is going to be done by the first respondent. Therefore, there is no basis for the private respondents to oppose the conduct of survey and demarcation of boundaries. 8. For the foregoing reasons, this Court directs the first respondent to conduct survey and demarcation of the petitioner's property as per the schedule of the sale deed, dated 01.11.2007 registered as Doc.No. 9742/2007, within a period of twelve weeks from the date of receipt of a copy of this order after giving prior notice to the petitioner as well as the respondents 2 to 5, who shall also be permitted to be present at the time of survey and demarcation of the petitioner's property by the first respondent. The cost of survey shall be borne by the petitioner. 9. With the above directions, this Writ Petition is disposed of. No costs.