K.Kannan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA K.Kannan

...Petitioner

Vs The Tasildar (Land Survey - Revenue) Perur Taluk, Perur, Coimbatore District

...Respondent

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondent to consider the representation dated 09.10.2024 sent by the petitioner for rectifying the mistake in the FMB sketch pertaining to S.F.No.369/1C5 situated at Kuniyamuthur Village, Perur Taluk, Coimbatore District, within a stipulated period.

For Petitioner : Mr.K.Govi Ganesan For Respondent : Mr.R.P.Murugan Raja Government Advocate 1/5

ORDER

The limited request that has been claimed by the petitioner in this Writ Petition is for his representation dated 09.10.2024 to rectify the FMB sketch in relation to the lands comprised in S.No.369, at Kuniamuthur, Perur Taluk, Coimbatore District, be considered within a time frame.

2.The petitioner's grievance is that the subject property is situate at S.F.No.369/1, measuring an extent of 2.42 acres which had been formed into housing plots and various alienations had taken place between 1980 and 1999. The ingress and egress to the above layout was left from the Palakkad Main road measuring 20 feet and 15 feet in breadth and it was the only pathway that was being used. On 05.02.2009, the father of the petitioner had passed away and thereafter his children and wife had partitioned the unsold plots and existing superstructure under a partition deed dated 10.07.2009. This was followed by a rectification deed dated 09.10.2018. Subsequently, sub divisions had taken place and the plots were subdivided as S.F.Nos.369/1C6 and 369/1C7. During the 2/5

subdivision mistake in the measurements had crept in the FMB sketch. S.F.No.369/1C5 which was subdivided as a road was erroneously shown in the petitioner's plots. As a result of which the extent of their plots had reduced and that of third parties had increased. Therefore, the petitioner had given the representation on 09.10.2024, to which there has been no response and aggrieved by this, the petitioner is before this Court. 3.Heard the learned counsels on either sides and perused the records. The learned Government Advocate takes notice on behalf of the respondent.

4.Considering the above narration and the fact that the representation has not been considered from October 2024, the Writ Petition is allowed and a mandamus is issued to the respondents to rectify the mistake in the FMB sketch within a period of eight weeks from the date of receipt of copy of this order. 3/5

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

30.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To The Tasildar (Land Survey - Revenue) Perur Taluk, Perur, Coimbatore District.

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P.T.ASHA , J, ep 30.01.2025 5/5