V.Velavan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.Nos.19099 & 19101 of 2024 V.Velavan .. Petitioner in W.P.No.19099 of 2024 V.Kalavathi .. Petitioner in W.P.No.19101 of 2024
Versus
1. The District Collector, O/o.Collectorate, Kancheepura, Kancheepuram District.
2. The Tahsildar, O/o.Tahsildar, Uthramerur Taluk, Kancheepuram District.
... Respondents in both WPs Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to consider the representation of the petitioner dated 09.02.2024 in accordance with law and to rectify the defects in the measurement in the Land sketch as per the sale deed registered as Doc.No. 13/2007 and Doc.No.2682 of 2007 respectively, on the file of S.R.O. Joint Registrar II Chengalpattu Patta bearing No.1211 and 1210 respectively 'A' Registrar and relevant documents for the agriculture lands comprised in Survey No. 399/1C and 399/1B to an extent of 1.01 Acre [0.40.50 Ares and 75 cents [0.30.35] Ares respectively situated in Kavithandalam Village Uthiramerur Taluk, Kancheepuram District. 1/5
For Petitioner : Mr.K.Duraimurugan [in both WPs.] For Respondents : Mr.A.Selvendran [in both WPs.] Additional Government Pleader COMMON ORDER With the consent of both sides, these Writ Petitions are taken up for final disposal at the admission stage itself.
2. These Writ Petitions are filed to direct respondents herein to consider the representation of the petitioner dated 09.02.2024 in accordance with law and to rectify the defects in the measurement in the Land sketch as per the sale deed registered as Doc.No. 13/2007 and Doc.No.2682 of 2007 respectively, on the file of S.R.O. Joint Registrar II Chengalpattu Patta bearing No.1211 and 1210 respectively 'A' Registrar and relevant documents for the agriculture lands comprised in Survey No. 399/1C and 399/1B to an extent of 1.01 Acre [0.40.50 Ares and 75 cents [0.30.35] Ares respectively situated in Kavithandalam Village Uthiramerur Taluk, Kancheepuram District. 2/5
3. Heard learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.
4. It is the contention of the learned counsel for the petitioners that they had purchased the subject properties as per the sale deed dated 02.01.2007 and 28.02.2007 respectively and patta has also been issued in their favour. However, in FMB sketch, correct measurement has not been given and actual extent of land owned by the writ petitioner is not reflected in the FMB Sketch. Hence, seeks a direction for the rectifying the same in tune with the patta and the sale deed.
5. The learned Additional Public Prosecutor appearing for the respondents submitted that for rectifying the defect in the FMB Sketch the appropriate authority is the District Revenue Officer and he is not a party in the present Writ Petition.
6. In such view of the matter, as the authority for rectifying the defect in FMB Sketch is the District Revenue Officer, the petitioner shall give a fresh representation to the concerned District Revenue officer for correction in the 3/5
FMB Sketch within a period of fifteen days from the date of receipt of a copy of this Order and on such representation being made, the District Revenue Officer shall consider the same and pass Orders on merits and in accordance with law within a period of two months thereafter.
7. With the above direction, these Writ Petitions are disposed of. No costs.
18.07.2024 vrc Index :Yes/No Internet :Yes/No To,
1. The District Collector, O/o.Collectorate, Kancheepura, Kancheepuram District.
2. The Tahsildar, O/o.Tahsildar, Uthramerur Taluk, Kancheepuram District.
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N. SATHISH KUMAR, J.
vrc W.P.Nos.19099 & 19101 of 2024 18.07.2024 5/5