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Madras High CourtWP/6057/2020closed

Ramesh Babu, v. The District Collector,

2022-01-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.NO.6057 OF 2020 Ramesh Babu ... Petitioner vs.

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Tahsildar, Dhenkanikottai Taluk, Dhenkanikottai, Krishnagiri District.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to consider the petitioner's Representation dated 02.12.2019 in accordance with law and within a stipulated period.

For Petitioner : Mr.K.Govi Ganesan For Respondents : Mr.A.M.Ayyadurai Government Advocate

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 02.12.2019 in accordance with law and within a stipulated period.

2. The case of the petitioner is that the petitioner and his family members owned land comprised in S.F.No.629/2 (629/1Part) ad-measuring to an extent of 540 sq.ft, situated at Athalvadi Village, Thali Post, Dhenkanikottai Taluk, Krishnagiri District. While being so, the revenue authorities demolished the compound https://hcservices.ecourts.gov.in/hcservices/

wall of his house and started to put up constructions in his patta land. When the petitioner questioned about the same, the revenue officials replied that the FMB Sketch depicts only 480 sq.ft. Therefore, the petitioner made representation dated 02.12.2019 requesting the revenue officials to correct the anomaly found in the FMB Sketch.

3. The Block Development Officer, Thally Panchayat Union, Denkanikottai Taluk, Krishangiri District filed counter affidavit, revealed that the petitioner owned land comprised in S.No.629/2. Whereas, the building is constructed in S.No.629/3 and it is a vacant site belonging the Sarkar Poramboke as per revenue records. The extent of constructed building is about only 55 sq. metre out of total extent of 285 sq. metres. Further, the petitioner has encroached the land belonging to Sarkar Poramboke to an extent of 21 sq. metres and the petitioner's loan is located in S.No.629/2 ad-measuring only 500 sq. metres. There is no compound wall surrounding the premises of the petitioner and the respondents never demolished any structure belonging to the petitioner.

4. Recorded the aforesaid submission, the writ petition is closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dm To

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Tahsildar, Dhenkanikottai Taluk, Dhenkanikottai, Krishnagiri District.

+1cc to Mr.K.Govi Ganesan, Advocate, S.R.No.2469 +1cc to the Government Pleader, S.R.No.3024 W.P.No.6057 of 2020 MT(CO) PM/07/03/2022 https://hcservices.ecourts.gov.in/hcservices/