P.Krishnamoorthy, M/A 65 v. The Principle Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2016

CORAM:

THE HON 'BLE MR.JUSTICE M.SATHYANARAYANAN Writ Petition No.21564 of 2016 P.Krishnamoorthy ... Petitioner

Versus

1. The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 9

2. The Additional Chief Secretary and Commissioner of Land and Survey, Office of the Commissioner of Land and Survey, Chepauk, Chennai

3. The District Collector, Office of the District Collector, Cuddalore

4. The District Revenue Officer, Office of the District Revenue Officer, Cuddalore

5. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Vridhachalam, Cuddalore District

6. The Tahsildar, Office of the Tahsildar, Vridhachalam, Cuddalore District

7. Sivalingam .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the fourth respondent to correct measurement in UDR Patta FMB as 11 1/3 cents instead of 10 3⁄4 cents by conducting survey in his land bearing Survey No.78/9A situated at Kotteri Village and Post, Vridhachalam Taluk, Cuddalore, based on his representation, dated 21.04.2016. For Petitioner : Mr. E.Manikandan For Respondents : Mr. R.A.S.Senthilvel, AGP., for R-1 to R-6 ----

O R D E R

By consent the writ petition is taken up for final disposal.

2. The petitioner claims that he had purchased an immovable property from one Selvaraj, S/o. Muthulingam, ad-measuring to an extent of 11 1/3 cents in Survey No.78/9, Kotteri Village, Vridhachalam Taluk, Cuddalore District, by means of a registered sale deed, vide Document No.1047 of 1975, dated 23.06.1975, registered in the Office of the Sub Registrar, Mangalampet Village. The petitioner would state that patta was issued in his name. However, during UDR scheme measurement, in Field Map Book (FMB),

the extent of the land has been wrongly stated in Survey No.78/9A as 10 3⁄4 cents instead of 11 1/3 cents and in this regard, the petitioner has submitted a representation dated 21.04.2016 to the fifth respondent (copies of which have been marked to the other respondents also) and since no orders have been passed, the petitioner came forward to file this writ petition.

3. Heard the submissions of the learned counsel for the petitioner and the learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 6.

4. Though the petitioner prayed for a larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the same, directs the petitioner to submit one more representation to the fourth respondent, along with a copy of this order as well as a copy of his earlier representation dated 21.04.2016, within a period of two weeks from today and the fourth respondent, on receipt of the same, is directed to consider the said representation in accordance with law, after putting on notice the seventh respondent as well as the private respondents, if any, and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as the private respondent(s).

5. The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar To

1. The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 9

2. The Additional Chief Secretary and Commissioner of Land and Survey, Office of the Commissioner of Land and Survey, Chepauk, Chennai

3. The District Collector, Office of the District Collector, Cuddalore

4. The District Revenue Officer, Office of the District Revenue Officer, Cuddalore

5. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Vridhachalam, Cuddalore District.

6. The Tahsildar, Office of the Tahsildar, Vridhachalam, Cuddalore District.

+1 cc to Mr.E.Manikandan, Advocate,SR.35258 +1 cc to Govt.Pleader,SR.35185.

ctk(co) krd 13/7 W.P.No.21564 of 2016