Antonie v. The Principal Secretary/ Commissioner Of Survey And Settlement,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Mr.Antoine Power Agent of Latchoumanane Poucheparaquiny ... Petitioner Vs.
1.The Principal Secretary/ Commissioner of Survey and Settlement, Directorate of Survey and Settlement, Chepauk, Chennai-600005.
2.The Land Commissioner, The Commissioner of Land Administration, Ezhilagam, 2nd floor, Chepauk, Chennai-600005.
3.The District Collector of Cuddalore, First Floor, New Collectorate Building, Collectorate, Manjakuppam, Cuddalore-607 001.
4.The Thasildar of Cuddalore, Taluk Office Complex, Beach Road, Cuddalore Ho, Cuddalore-607001.
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5.Surveyor of Cuddalore, Room No.341, IInd floor, New Collectorate, Cuddalore-607 001 Tamil Nadu.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondent to conduct survey and to earmark the four boundaries and correct the FMB sketch of the petitioner properties situated in R.S.No.34/1, 34/3 (Old S.R.No.67, 68) to the extent of 7,200 sq.ft situated at Keezhazhinjipattu Village, Cuddalore district in Patta No.196 on the basis of the petitioner's representation dated 11.11.2004 and pass orders.
For Petitioner(s) : Ms.T.Lavanya For Respondent(s) : Mr.P.Ganesan Government Advocate
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus, to direct the respondent to conduct survey and to earmark the four boundaries and correct the FMB sketch of the petitioner properties situated in R.S.No.34/1, 34/3 2/7
(Old S.R.No.67, 68) to the extent of 7,200 sq.ft situated at Keezhazhinjipattu Village, Cuddalore district in Patta No.196 on the basis of the petitioner's representation dated 11.11.2004.
3. It is submitted by the learned counsel for the petitioner that the petitioner as the power agent of Latchoumanane Poucheparaquiny, acquired property comprised in R.S.No.34/1, 34/3 (Old S.R.No.67, 68) to an extent of 7,200 sq.ft in the year 2014. While so, the petitioner's principal wanted to sell the subject property, and he applied for FMB sketch. It is submitted by the petitioner that position of the petitioner property is shown wrongly resultantly there is no access to the main road. Hence, the petitioner submitted a representation on 11.11.2024 before the third respondent seeking rectification of FMB Sketch. However, the said representation was not considered by the third respondent till date. Aggrieved by the same, the petitioner has come up with the present writ petition seeking for a direction to the respondents to conduct survey, earmark the four boundaries and correct the FMB sketch of the subject property.
4. On this being pointed out, the learned Special Government Advocate would submit that the petitioner has not taken out an online application and 3/7
appropriate survey fee has not been paid, if an online application is taken out, the respondents would consider the same and carry out a survey, earmark the four boundaries and correct the FMB sketch, in accordance with law, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. In view thereof, the petitioner is directed to file an online application and if any such online application is filed by the petitioner, the respondents shall consider the same and carry out a survey, earmark the four boundaries and correct the FMB sketch of the subject property and complete the process, within a period of twelve (12) weeks from the date on which the online application is filed by the petitioner, after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs.
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6. Accordingly, the writ petition stands disposed of. No costs. 04.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn 5/7
To:
1.The Principal Secretary/ Commissioner of Survey and Settlement, Directorate of Survey and Settlement, Chepauk, Chennai-600005.
2.The Land Commissioner, The Commissioner of Land Administration, Ezhilagam, 2nd floor, Chepauk, Chennai-600005.
3.The District Collector of Cuddalore, First Floor, New Collectorate Building, Collectorate, Manjakuppam, Cuddalore-607 001.
4.The Thasildar of Cuddalore, Taluk office complex, Beach Road, Cuddalore Ho, Cuddalore-607001.
5.Surveyor of Cuddalore, Room No.341, IInd floor, New Collectorate, Cuddalore-607 001 Tamil Nadu.
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MOHAMMED SHAFFIQ, J.
mrn 04.06.2025 7/7