B.Jayam v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :17.10.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.27625 of 2022 B. Jayam .. Petitioner Vs.

1. The Collector, Collectorate, District Collector Office, Sriperumbudur.

2. The Revenue Divisional Officer, No.6/114, pattnoolchathram, Sriperumbudur, Tamil Nadu 602 105.

3. Tahsildar, Sriperumbudur Taluk, Ramanujar Taluk, Sriperumbudur, Tamil Nadu 602 105.

4. Taluk Surveyor Sriperumbudur Taluk, Kancheepuram District.

5. E. Rajendran ..Respondents 1/6

PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the 2nd respondent to pass necessary orders on the petition dated 04.12.2021 in accordance with law, to cancel correct the patta Nos. 3241,3242,3243,3244 wrongly issued by 3rd respondent to Respondents 5 to 7 herein and consequently issue patta to the petitioner in respect of land having an extent of 2400 sq. ft bearing Plot No.247 in Ganga Garden C comprised in S.No.48/6, in No.150 Santhavellore Village, Sriperumbudur Taluk, Kancheepuram District, within limits of SRO Walajabad, Kancheepuram Registration District and bounded on North by plot No.248, South by Plot No.246 East by 23 feet Road and west by Plot No.252, after getting a report from 3rd and 4th Respondent under the Tamil Nadu Survey and Boundaries Act, 1923 within a time limit stipulated by this Hon'ble Court and pass orders. For Petitioner : Mr. J. Ravi Kumar For Respondents 1 to 4 : Mr.U. Bharanidharan Additional Government Pleader

O R D E R

By consent of both the parties this writ petition is taken up for disposal at the admission stage itself. Since no adverse order is passed against the 5th respondent notice is dispensed with.

2. This writ petition is filed to consider the petitioners 2/6

representation dated 04.12.2021.

3. The case of the petitioner is that the 5th respondent who is the adjacent land owner to the petitioner put up a fence in the petitioners land based on the patta granted by the 4th respondent. The grievance of the petitioner is that the 5th respondent appears to have fraudulently obtained a FMB sketch by including petitioner's land. Hence the petitioner gave a representation before the first respondent on 01.12.2021 to cancel the patta allegedly issued to the 5th respondent but the same was not considered. Hence this petition.

4. The learned counsel for the petitioner submits that it would be suffice if this Court issues direction to the second respondent to consider his representation dated 04.12.2021 within a stipulated time as fixed by this Court. Hence prays this Court to pass appropriate orders.

5. The learned Government Pleader submits that the petitioner has submitted a representation before the first respondent who has forwarded to the second respondent herein and the second respondent has directed 3/6

the third respondent who is a competent authority to decide the issue. He further submits that if the petitioner files a fresh petition before the third respondent under the provisions of Tamil Nadu survey and Boundaries Act, 1923 , the same will be considered in accordance with law.

6. Heard both sides and perused the materials available on record.

7. In such view of the matter this petition is dismissed. However the petitioner is at liberty to file a fresh application before the third respondent in terms of Tamil Nadu survey and Boundaries Act, 1923 within a period of four weeks from the date of receipt of a copy of this order and if any such application is filed the third respondent is directed to dispose of the same after providing opportunity to the petitioner and 5th respondent within a period of twelve weeks from the date of filing of such application.

17.10.2022 smn 4/6

Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To

1. The Collector, Collectorate, District Collector Office, Sriperumbudur.

2. The Revenue Divisional Officer, No.6/114, pattnoolchathram, Sriperumbudur, Tamil Nadu 602 105.

3. Tahsildar, Sriperumbudur Taluk, Ramanujar Taluk, Sriperumbudur, Tamil Nadu 602 105.

4. Taluk Surveyor Sriperumbudur Taluk, Kancheepuram District.

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M.DHANDAPANI,J.

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