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Madras High CourtWP/10645/2022disposed of

K.Ravi @ Shanmugasundaram v. The District Collector

2022-04-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. No.10645 of 2022 K.Ravi @ Shanmugasundaram

...Petitioner

Vs.

1.The District Collector, Chengalpattu District, Chengalpattu.

2.The Tahsildar, Thirugazhukundram Taluk, Chengalpattu District.

...Respondents

PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, direct the respondents to rectify the measurement in the FMB sketch as per the patta No.31416 in the name of the petitioner with respect to the property comprising survey Nos.82/5B1A1A and 82/66, measuring about 0.55 cents situated at 74C, Neikuppi Village, Thirukazhukundram Village, Chengalpattu District based on the petitioner representation dated 17.03.2022.

For Petitioner : Mr.S.Satheeshkumar For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents to rectify the measurement in the FMB sketch as per the Patta No.31416 in the name of the petitioner with respect to the property comprising Survey Nos.82/5B1A1A and 82/66, measuring about 0.55 cents situated at 74C, Neikuppi Village, Thirukazhukundram Village, Chengalpattu District based on the petitioner representation dated 17.03.2022.

2.

Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition, on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal. 3.

The case of the petitioner is that the petitioner is the owner of the properties comprised in Survey Nos.82/5B1A1A and 82/66, measuring about 0.55 cents situated at 74C, Neikuppi Village, Thirukazhukundram Village, Chengalpattu District. The sub division of the above said property has been wrongly mentioned in the FMB sketch.

Therefore, the petitioner made a representation to the second respondent, dated 17.03.2022, to rectify the error in the FMB sketch. However, till date, no order has been passed on the same. Hence, this present petition is filed.

4.

The learned counsel for the petitioner submitted that this Court may issue a direction to the second respondent to consider the representation of the petitioner, dated 17.03.2022, to rectify the error in the FMB sketch and may pass appropriate orders within the stipulated time as may be fixed by this Court.

5.

The learned Special Government Pleader appearing for the respondents, would submit that the representation made by the petitioner will be considered and appropriate orders will be passed on merits within the time frame to be fixed by this Court.

6.

In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the second respondent to consider the representation of the petitioner, dated 17.03.2022 and after giving an opportunity of hearing to the petitioner, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 7.

With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar mn

To 1.The District Collector, Chengalpattu District, Chengalpattu.

2.The Tahsildar, Thirugazhukundram Taluk, Chengalpattu District.

+1cc to Mr.S.Satheeshkumar, Advocate SR. No. 29296 +1cc to Government Pleader SR. No. 30890 W.P. No.10645 of 2022 SS (CO) PR (20/05/2022)