R.Shanmugasundaram v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR R.Shanmugasundaram ... Petitioner Vs 1.The District Revenue Officer, Collector Office, Krishnagiri District.

2.The Revenue Divisional Officer, The Revenue Divisional Office, Krishnagiri District.

3.The Tahsildar, Tahsildar Office, Pochampalli, Krishnagiri District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to consider and pass orders on the petitioner's representation dated 12.08.2022 and with regard to make entry of correct measurement in the patta by conducting re-survey based on the FMB sketch in the properties comprised in Old Survey Nos.96/2 and 96/3 New Survey No.96/3A and 96/2B situated at Thadampatti Village, Pochampalli Taluk, Krishnagiri District and issue patta to the petitioner's name.

For Petitioner : Mr.P.M.Jayachandran For Respondents : Ms.Akila Rajendran Government Advocate 1/5

O R D E R

The prayer sought for herein is for a writ of mandamus directing the respondent to consider and pass orders on the petitioner's representation dated 12.08.2022 with regard to make entry of correct measurement in the patta by conducting re-survey based on the FMB sketch in the properties comprised in Old Survey Nos.96/2 and 96/3 New Survey No.96/3A and 96/2B situated at Thadampatti Village, Pochampalli Taluk, Krishnagiri District and issue patta to the petitioner's name.

2. The petitioner, in order to resurvey the land at Old Survey Nos.96/2 and 96/3 New Survey No.96/3A and 96/2B situated at Thadampatti Village, Pochampalli Taluk, Krishnagiri District, has given a representation on 12.08.2022 and in order to consider the same seeking direction to the 3rd respondent Tahsildar, the present writ petition has been filed.

3. Heard Mr.P.M.Jayachandran, learned counsel appearing for the petitioner and Ms.Akila Rajendran, learned Government Advocate appearing for the respondents.

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4. The learned Government Advocate for the respondents would submit that even though in the writ petition prayer the petitioner sought for resurvey of the land, in the content of the representation of the petitioner dated 12.08.2022 it has not been requested for and moreover no fee for resurvey the land has been paid by the petitioner.

5. However, the learned counsel appearing for the petitioner would submit that the petitioner is ready and willing to make the payment of the necessary fee, therefore he needs land in question has to be resurveyed and thereafter the plea raised by the petitioner through his representation can be considered and disposed of on merits and in accordance with law.

6. Having regard to the said submissions made by the learned counsel appearing for both sides, this Court is inclined to dispose of this writ petition with the following orders:

That it is open to the petitioner to make the payment of the necessary fee for resurveying the land in question within a period of two weeks from the date of receipt of a copy of this order and on receipt of the said payment, the 3rd respondent is 3/5

hereby directed to consider the representation of the petitioner dated 12.08.2022 and do the needful by conducting the resurvey within eight weeks thereafter.

7. With this direction, this Writ Petition is disposed of. No costs. 16.02.2023 Index : Yes / No Speaking Order : Yes / No Sgl To 1.The District Revenue Officer, Collector Office, Krishnagiri District.

2.The Revenue Divisional Officer, The Revenue Divisional Office, Krishnagiri District.

3.The Tahsildar, Tahsildar Office, Pochampalli, Krishnagiri District.

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R.SURESH KUMAR, J.

Sgl 16.02.2023 5/5