T.Parimaladevi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2022
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.No.24161 of 2022 T.Parimaladevi .. Petitioner
Versus
1.The District Collector District Collectorate Palladam Road Tirupur District 2.The District Revenue Officer Collectorate Campus Tiruppur District 3.The Revenue Divisional Officer Tiruppur Revenue Division Tiruppur District 4.The Tahsildar Tiruppur South Taluk Office Tiruppur District 5.The Taluk Land Surveyor Tirupur South Taluk Tiruppur District.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 4th respondent to conduct 1/5
an enquiry in terms of compliance with the Office memorandum issued by the 2nd respondent in OO.Mu. 19826/ 2022/ J dated 5.08.2022 by affording a reasonable opportunity of fair hearing to the petitioner and to carry out comprehensive field survey measurement as per the old FMB sketch with the assistance of 5th respondent in the lands comprised in Survey Numbers 931/1A1, 931/1A2, 931/1B1 and 931/1B2 at South Avinashipalayam Village, Tirupur South Taluk, Tirupur District.
For Petitioner : Mr.R.Prabakar For Respondents : Mr.U.Baranidharan Additional Government Pleader
ORDER
This writ petition is filed seeking for issuance of Writ of Mandamus to direct the 4th respondent to conduct an enquiry in terms of compliance with the Office memorandum issued by the 2nd respondent in OO.Mu. 19826/ 2022/ J dated 5.08.2022 by affording a reasonable opportunity of fair hearing to the petitioner and to carry out comprehensive field survey measurement as per the old FMB sketch with the assistance of 5th respondent in the lands comprised in Survey Numbers 931/1A1, 931/1A2, 931/1B1 and 931/1B2 at South Avinashipalayam Village, Tirupur South Taluk, Tirupur District.
2. The learned counsel for the petitioner submitted that the petitioner is the owner of the property in S.Nos.931/1A and 929/2A measuring extent of 7.76 and 1.48 acres respectively by virtue of sale deed regsitered in 2/5
Doc.No.13265/2006 on the file of the SRO, Palladam. The grievance of the petitioner is that the respondent in the newly FMB sketch, suvey numbers are erroneously changed without providing any opportunity of hearing to the petitioner. Hence, the petitioner made a representation to the Chief Minister's Special Cell on 19.07.2021 seeking for restoring the entries in the FMB Sketch, which was forwarded to the respondents. The second respondent has instructed the fourth respondent vide Office Memorandum in OO.Mu.1986/2022/J to conduct enquiry and pass order, which is pending till date. Hence, seeks appropriate orders of this Court.
3. Heard both sides and perused the materials placed on record. Considering the facts and cicrumstances of this case and having regard to the submissions of the learned counsel for the petitioner, this Court directs the fourth respondent to conduct enquiry in terms of the Office Memorandum in OO.Mu.1986/2022/J and pass appropriate orders on merits in accordance with law after providing opportunity of hearing to the petitioner within a period of twelve weeks from the date of receipt of a copy of this Order.
4. Accordingly, this writ petition stands disposed of. No costs. 3/5
Consequently, connected miscellaneous petition is closed. 20.09.2022 Index: Yes/No Internet: Yes/No dhk To 1.The District Collector District Collectorate Palladam Road Tirupur District 2.The District Revenue Officer Collectorate Campus Tiruppur District 3.The Revenue Divisional Officer Tiruppur Revenue Division Tiruppur District 4.The Tahsildar Tiruppur South Taluk Office Tiruppur District M.DHANDAPANI, J.
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dhk W.P.No.25214 of 2022 20.09.2022 5/5