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Madras High CourtWP/10932/2024disposed of

R.Edwin Solomon v. The District Collector

2024-04-22Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR WP.No.10932 of 2024 & WMP.No.12033 of 2024 R.Edwin Solomon .. Petitioner

Versus

1. The District Collector, Kancheepuram District, Kancheepuram - 631 501.

2. The Revenue Divisional Officer [RDO], Sriperumbudur, 6/114, Pattnoolchathram, Sriperumbudur - 602 105, Sriperumbudur.

3. The Tahsildar, Taluk Office, Metha Nagar Main Road, Kundrathur, Chennai - 600 069.

4. The Head Surveyor, Survey and Settlement, Taluk Office, Metha Nagar Main Road, Kundrathur, Chennai - 600 069.

5. K.Madhavan

6. K.Chokkalingam

7. Dhanalakshmi

8. K.Ramu .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to consider the petitioner's representations/complaint dated 22.08.2023 and 15.11.2023 and to inspect, measure and correct the survey demarcation 1/5

concerning the erroneous sub division and demarcation vide OPT No.363300/20-22 dated 08.06.2022 made in Survey No.65/1B4B instead of Survey No.65/3A1A situated at Kuthanoor Village, Kundrathur Taluk, Kancheepuram District and further direct to conduct a detailed enquiry regarding the correction to be done in demarcation of the boundaries appropriately and correct the wrong entires in FMB and Revenue Records forthwith in accordance with law.

For Petitioner : Mr.S.L.Sudarsanam For Respondents : Mr.S.Arumugam Government Advocate

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to direct the respondents 1 to 4 to consider the petitioner's representations/complaint dated 22.08.2023 and 15.11.2023 and to inspect, measure and correct the survey demarcation concerning the erroneous sub division and demarcation vide OPT No.363300/20-22 dated 08.06.2022 made in Survey No.65/1B4B instead of Survey No.65/3A1A situated at Kuthanoor Village, Kundrathur Taluk, Kancheepuram District and further direct to conduct a detailed enquiry regarding the correction to be done 2/5

in demarcation of the boundaries appropriately and correct the wrong entires in FMB and Revenue Records forthwith in accordance with law.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

4. The case of the petitioner is that the fifth respondent by misrepresentation had obtained patta fraudulently and by virtue of the said patta, the fifth respondent had approached the third and fourth respondents for demarcation and the same has also been done by the revenue authorities. Hence, the action of the third and fourth respondents is against law. In this regard, the petitioner has given a representation to the third respondent to rectify the mistake and also made a complaint to police authorities. As no action has been taken by the revenue authorities, the present Writ Petition.

5. Considering the limited relief sought for in this writ petition, there shall be a direction to the third respondent to consider the representation of the petitioner dated 15.11.2023 and to inspect, measure and correct the survey demarcation concerning the erroneous sub division and demarcation and pass 3/5

Orders on the same on its own merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 22.04.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,

1. The District Collector, Kancheepuram District, Kancheepuram - 631 501.

2. The Revenue Divisional Officer [RDO], Sriperumbudur, 6/114, Pattnoolchathram, Sriperumbudur - 602 105, Sriperumbudur.

3. The Tahsildar, Taluk Office, Metha Nagar Main Road, Kundrathur, Chennai - 600 069.

4. The Head Surveyor, Survey and Settlement, Taluk Office, Metha Nagar Main Road, Kundrathur, Chennai - 600 069. 4/5

N. SATHISH KUMAR , J.

vrc W.P.No.10932 of 2024 22.04.2024 5/5