P K ABUTHAHEER Vs. COMMISSIONER TRICHY MUNICIPALITY

JUDGEMENT

(1.) This is a complaint under Sec.17 read with Sec.12 of the Consumer Protection Act.

(2.) The Complainant is residing at Door No.2, South Yadhava Street, Beem Nagar, Tiruchirapalli. It is his case that the open space in front of his house bearing Survey No.1154 was registered in the name of his father and has been in their possession for over 70 years. According to him one Mohamed Ibrahim in collusion with the Complainant's Uncle Mr. A. K. Sarfudin has manupulated with the Municipal Authorities and removed his name from the Registry in respect of Survey No.1154. The Complainant applied to the Opposite Party for taking measurements and democrating Survey No.1154 and paid a fee of Rs.40/-. But the Municipality has failed to comply with his request. Hence this claim for the value of the land at Rs.1,87,500/- compensation in the sum of Rs.50,000/- and costs.

(3.) The Opposite Party contended that the Complainant is not a consumer and the complaint is not maintainable. It is, further, contended that Survey No. T. S.1154 stands in the name of Complainant only and his name has not been deleted. The vacant land referred to by the Complainant was originally in T. S. No.1155. It was a. egimental ground and it was converted into house site poramboke by the Collector in D. D. No.6159/31, dated 31.3.1934 and it was further sub-divided and re-numbered as T. S. No.1617 to T. S. No.1716. T. S. No.1617 has been assigned to one A. K. Sarfudin and he has sold it to one Mohamed Ibrahim. The Principal Town Surveyor, on the request of the Complainant, went to take measurement, but it was objected to by Mr. Mohamed Ibrahim, who claimed possession over the land and he contended that a suit was pending between him and the Complainant herein in a Civil Court. In view of this objection, the Surveyor could not take measurements.