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Madras High CourtWP/14489/2023disposed of

Mr.Mani v. The District Collector

2023-05-05Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2023 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Writ Petition No.14489 of 2023 Mani ... Petitioner -Vs1. The District Collector, Cuddalore District.

2. The Revenue Divisional Officer, Cuddalore District.

3. The Tahsildar (Revenue), Kurinjipadi Taluk, Kurinjipadi.

4. The Village Administrative Officer, 24- Ellappanpetti Village, VMP Nagar, Vizhapallam, Kurinjipadi.

... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 08.03.2023 and alter the FMB register in respect of property at Cuddalore District, Kurinjipadi Taluk, Ellappanpettai Village, in Old Survey No.724, New Survey No.357/13, to an extent of 928 Sq.ft with 4 feet common passage, on the basis of Sale deed dated 12.07.2006 of petitioner.

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For Petitioner : Mr.B.Ramar For Respondents : Mr.C.Kathiravan Special Government Pleader

O R D E R

This writ petition has been filed for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 08.03.2023 and to alter the FMB register in respect of property at Cuddalore District, Kurinjipadi Taluk, Ellappanpettai Village, in Old Survey No.724, New Survey No.357/13, to an extent of 928 Sq.ft with 4 feet common passage, on the basis of Sale deed dated 12.07.2006 of the petitioner.

2. It is the case of the petitioner that the petitioner is in continuous possession and enjoyment of the property situated in Old Survey No.724, New Survey No.357/13, to an extent of 928 Sq.ft with 4 feet common passage, whereas, in the FMB register, the extent of the property has wrongly mentioned. Therefore, in order to alter the FMB register, the petitioner has made a representation to the respondents herein on 08.03.2023. Since, the said representation has not been considered so far, the petitioner has approached this Court by filing the present writ petition with the aforesaid prayer. 2 / 5

3. Learned counsel appearing for the petitioner submitted that it would be suffice that the representation sent by the petitioner dated 08.03.2023 to the respondents may be considered and pass appropriate orders thereon within a time frame fixed by this Court.

4. Mr.C.Kathiravan, learned Special Government Pleader submitted that the petitioner's representation dated 08.03.2023 will be considered on merits and appropriate orders will be passed thereon, within a period of four weeks.

5. Recording the said submission and also considering the limited scope of the relief sought for, without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the respondents to consider the petitioner's representation dated 08.03.2023 and pass appropriate orders thereon within a period of four weeks from the date of receipt of a copy of this order. No costs.

05.05.2023 Index : Yes / No Speaking / Non-speaking ham/kst 3 / 5

To

1. The District Collector, Cuddalore District.

2. The Revenue Divisional Officer, Cuddalore District.

3. The Tahsildar (Revenue), Kurinjipadi Taluk, Kurinjipadi.

4. The Village Administrative Officer, 24- Ellappanpetti Village, VMP Nagar, Vizhapallam, Kurinjipadi.

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A.D.JAGADISH CHANDIRA, J.

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