Madras High CourtWP/19115/2025disposed of

V.Thanapandiyan v. The District Collector

2025-06-10Honourable Mr.Justice Mohammed Shaffiq7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ V.Thanapandiyan ... Petitioner Vs.

1. The District Collector, Cuddalore District, Collectorate Pennaiyar Road, Cuddalore.

2. The District Revenue Officer, Cuddalore.

3. The Revenue Divisional Officer, Cuddalore.

4. The Tasildar, Cuddalore.

5. The Assistant Director of Land Recovery, Survey House, Survey House, Kamarajar Salai, Chennai.

6. The Assistant Director of Survey, Cuddalore.

7. K.Thilagavathy ... Respondents 1/7

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 6th respondent to consider the application vide No.2025/0123/18/010321 dated 07.03.2025 concerning Survey No.99/10C to an extent of 0.2.70 Ares in Thiyagavalli Village to take necessary actions for boundary fixation and consequently make necessary corrections to Survey No.99/10C in the Field Measurement Book (FMB) in compliance with the order passed by the 3rd respondent dated 11.05.2023. For Petitioner(s) : Mr.A.Ashwinkumar For R1 to R6 : Mr.A.Selvendran Special Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 7th respondent is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus, to direct the 6th respondent to consider the application vide Application No.2025/0123/18/010321 dated 07.03.2025 concerning Survey No.99/10C to an extent of 0.2.70 Ares in Thiyagavalli Village to take necessary actions for boundary fixation and consequently make necessary corrections to Survey 2/7

No.99/10C in the Field Measurement Book (FMB) in compliance with the order passed by the 3rd respondent dated 11.05.2023.

3. It is submitted by the learned counsel for the petitioner that the petitioner submitted a representation dated 24.05.2022 to the 3rd respondent. Based on the representation an enquiry was conducted and the 3rd respondent passed an order dated 11.05.2023 with regard to modification of patta, as under: Before Correction:

S.No.

Survey No.

Extent (Ares) Classification Patta No. / Name 1.

99/10C 0.02.50 Dry Land 976/Thanapandiyan S/o Vasudevan 2.

99/10D 0.01.00 Dry Land 2958/Thilagavathi S/o Kalivaradhan Total 0.03.50 After Correction:

S.No.

Survey No.

Extent (Ares) Classification Patta No. / Name 1.

99/10C 0.02.70 Dry Land 976/Thanapandiyan S/o Vasudevan 2.

99/10D 0.00.80 Dry Land 2958/Thilagavathi S/o Kalivaradhan Total 0.03.50 3.1. It is submitted that pursuant to the order passed by the 3rd respondent with regard to modification of Patta the petitioner approached the 4th respondent to modify the Patta Passbook and FMB Sketch. The petitioner also submitted a representation dated 08.01.2024 to carry out necessary correction in Patta Nos.976 and 2958 as well as the Field Measurement Book (FMB) in terms of 3/7

the order dated 11.05.2023. After repeated representation the 1st respondent directed the 4th respondent to comply with the order passed by the 3rd respondent dated 11.05.2023. However, it is submitted that till date the said order has not been given effect. In the meanwhile the petitioner had also taken out an application dated 07.03.2025 to conduct survey of the land comprised in Survey No.99/10C comprising an extent of 0.2.70 Ares in Thiyagavalli Village to take necessary action for boundary fixation.

4. The learned counsel for the respondent would submit that they would consider the application dated 07.03.2025 and carry out the Survey and make necessary modification in the Field Measurement Book within a time period to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.

5. In view thereof, the writ petition stands disposed of with the direction to the respondents to consider the petitioner's application dated 07.03.2025 and carryout a survey within a period of 8 weeks from the date of receipt of a copy of this order and thereafter carryout necessary modification in the Filed Measurement Book within a period of 4 weeks from the date of completion of Survey. The above exercise of survey and correction of FMB would be carried 4/7

out after putting the petitioner, 7th respondent and any other interested parties including rival claimants on notice. 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.

10.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp 5/7

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