K. Selvam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Selvam Petitioner(s) Vs 1.The District Collector, Collector Office, Ariyalur District-621 704.
2.The Revenue Divisional Officer, Revenue Divisional Office, Udayarpalyam, Ariyalur Division-621 804.
3.The Tahsildar, Tahsildar Office, Jayakondam, Ariyalur District -621 802.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to issue patta in favour of the petitioner in respect of property in S.F.Nos.105/23F and 105/19 measuring an extent of 7.5 cent and 6.5 cent respectively situated in Ariyalur District, Udayarpalayam Taluk, Utkottai Village by rectifying the Field Measurement Book (FMB) entries in accordance with law within a time stipulated by this Court based on the petitioner's representation dated 28.04.2025.
For Petitioner(s) : M/s.M.Santhanamari For Respondent(s) : Mr.A.Selvendran Special Government Pleader 1/6
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus to issue patta in favour of the petitioner in respect of property in S.F.Nos.105/23F and 105/19, situated at Ariyalur District, Udayarpalayam Taluk, Utkottai Village by rectifying the Field Measurement Book (FMB) entries in accordance with law based on the petitioner's representation dated 28.04.2025.
3. It is submitted by the learned counsel for petitioner that petitioner is the absolute owner of the lands comprised in Survey Nos.105/23F and 105/19 measuring an extent of 7.5 cents and 6.25 cents respectively situated at Ariyalur District, Udayarpalayam Taluk, Utkottai Village vide registered settlement deed dated 29.06.2005 executed by petitioner's father, registered as Document No.768 of 2005 at the Office of the Sub-Registrar, Jayakondam. According to the petitioner, the extent of land as per patta is as follows: i) S.F.No.105/23F - 0.03.0 ares (7.5 cents) ii) S.F.No.105/19 - 0.02.5 ares (6.25 cents) 2/6
3.1. It is stated that the Field Measurement Book wrongly reflects the extent of land in respect of survey No.105/23F as 6.5 cents instead of 7.5 cents, while in respect of survey No.105/19 as 5.25 cents instead of 6.25 cents. Petitioner had submitted an application for correction of the measurement in the Field Measurement Book. It is also submitted that patta has been issued in the name of one Ramalingam who the petitioner would submit is the paternal uncle, and that the said Ramalingam may not have any right to title over the subject property.
3.2. It was thus submitted that the representation for issuance of patta in favour of the petitioner in respect of the properties comprised in Survey Nos.105/23F and 105/19 was taken out while also requesting rectification of the field measurement book.
4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents that they would consider the representation seeking issuance of patta in favour of petitioner and if the same is in order, patta would be issued to the petitioner. He would further submit that the petitioner may submit a fresh representation for rectification of measurement in the Field Measurement Book and that if any such representation is submitted, the same would be considered and appropriate orders would be passed after affording the 3/6
petitioner and other interested parties an opportunity of hearing within the time frame to be fixed by this Court, which was readily accepted by the learned counsel for petitioner.
5. In view thereof, the writ petition stands disposed of with a direction to the appropriate respondent to consider the representation seeking issuance of patta in favour of petitioner and issue patta if the same is otherwise in order. If patta is issued in favour of the petitioner, the petitioner may submit a fresh representation for rectification of measurement in the Field Measurement Book and if any such representation is submitted, the appropriate respondent shall consider and pass orders after hearing the petitioner as well as the present pattadar and any other interested party, within a period of 12 weeks from the date of uploading of web copy without waiting for receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the matter and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs. 01.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6
To:
1.The District Collector, Collector Office, Ariyalur District-621 704.
2.The Revenue Divisional Officer, Revenue Divisional Office, Udayarpalyam, Ariyalur Division-621 804.
3.The Tahsildar, Tahsildar Office, Jayakondam, Ariyalur District -621 802.
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MOHAMMED SHAFFIQ, J.
mka 01.07.2025 (2/2) 6/6