Rajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Rajan S/o.Krishnamoorthy ... Petitioner Vs.

1. The District Collector District Collectorate, Tiruvannamalai District.

2.Assistant Director (Survey and Land Records) Tiruvannamalai District, Tiruvannamalai.

3.District Revenue Officer District Revenue Office, Tiruvannamalai District.

4.Revenue Divisional Officer Taluk Office, Chinnasalem Taluk, Tiruvannamalai District.

5.THASILDHAR Taluk Office, Tiruvannamalai Taluk, Tiruvannamalai District.

6.Ayoob Khan S/o. Mohammed Ali 7.Sardhar Ali S/o.Ajji Saibbu 1/5

8.Kamal Basha S/o. Mohammed Jahangir Basha 9.Jammel Ahamed S/o. Mahaboob Basha ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the fifth respondent to consider and act upon the representation dated 27.01.2025 made by the petitioner to rectify the erroneous entries in the FMB Sketch.

For Petitioner : Mr.A.K.Rajaraman For Respondents : Mr.A.Selvendran, Special Government Pleader [R1 to R5] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents, more particularly, the fourth respondent to act upon the representation made by the petitioner on 27.01.2025 wherein the petitioner is seeking for rectification of the entries in the FMB sketch.

2. Heard Mr.A.K.Rajaraman, learned counsel for the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing for respondents 1 to 5.

2/5

3. The specific case of the petitioner is that his father has purchased an extent of 1.04 cents of land and this land was recorded under Old Survey No.24/3. Subsequently, the petitioner's father sold an extent of 0.75 cents out of 1.8 acres in New Survey No.35/3 (Old Survey No.24/3). After the sale, an extent of 0.75 cents was sub-divided as 35/3A. Thereafter, a sale transaction took place in the year 2020 under a sale deed dated 20.10.2020, which was registered as document No.2985 of 2020. The said document had incorrectly referred 35/5 to be the north of the property instead of the petitioner's father's property. In view of the same, it paved way for unauthorised sub-division viz., 35/3A1 and 35/3A2. It is under these circumstances, the petitioner made a representation to the respondents to carry out necessary corrections in the FMB sketch. Since the same did not evoke any response, the present writ petition has been filed.

4. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the fourth respondent to deal with the representation made by the petitioner on 27.01.2025 on its own merits and in accordance with law after affording opportunity to respondents 6 to 9 and orders shall be 3/5

passed N.ANAND VENKATESH, J gm within a period of eight (8) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs.

21.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The District Collector District Collectorate, Tiruvannamalai District. 2.Assistant Director (Survey and Land Records) Tiruvannamalai District, Tiruvannamalai.

3.District Revenue Officer District Revenue Office, Tiruvannamalai District. 4.Revenue Divisional Officer Taluk Office, Chinnasalem Taluk, Tiruvannamalai District. 5.THASILDHAR Taluk Office, Tiruvannamalai Taluk, Tiruvannamalai District. 4/5

5/5