← Library
Madras High CourtWP/27439/2019disposed of

R.Theyagu v. The District Collector

2019-11-15Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.11.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.27439 of 2019 R.Theyagu .. Petitioner /versus/ 1.The District Colletor, Collectorate, 2.The District Revenue Officer, Collectorate, Salem.

3.The Revenue Divisional Officer, Collectorate, Salem.

4.The Tahsildar, 5.The Head Surveyor, .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 4th respondent herein to comply the proceeding of the 3rd respondent made in proceedings dated 30.07.2019 in Na.Ka.No.3090/2019/A2 and direct the 4th respondent to correct and rectify the mistake made in FMB Sketch and issue patta in favour if the petitioner.

For petitioner : Mr.A.Rajakumar For Respondents : Mr.J.Purushothaman GA for R1 to R5

O R D E R

The petitioner herein seeks Mandamus to direct the 4th respondent to correct and rectify the mistake in FMB Sketch in respect of property in Survey No.19/3A new Survey No.19/3A 2C1, Block No.1, Ward R, T.S.No.39 ad measuring 4352 Sq.ft.,

and property bearing old Survey No.19/3A, New Survey No.19/3A 2C1 Block No.1, Ward R, T.S.No.44, ad measuring 4359 Sq.ft., in Suramangalam, Salem Town and District.

2. The learned Government Advocate appearing for the respondents submits that the Tahsildar is not able to inspect the field and make measurement due to water lagging and due to overlapping Survey Numbers in two documents. The petitioner is required to identify the lands. Since the petitioner is also not available for the measurement and preparation of FMB Sketch, measuring the land gets delayed. Once the water lagging get ceded, the Tahsildar will inspect the field again to measure and carry out appropriate correction if necessary in the FMB Sketch. The concerned Tahsildar is also present before this Court today.

3. Recording the submission made by the learned Government Advocate, this writ petition is disposed with a direction to the petitioner herein to submit all the records for inspecting and measuring the field for preparation of FMB Sketch. The same shall be completed within a period of four weeks. If there is any error in the FMB Sketch the same shall be carried out and corrected copy shall be furnished to the petitioner herein.

4. With the above observation, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar rpl To 1.The District Colletor, Collectorate, 2.The District Revenue Officer, Collectorate, Salem.

3.The Revenue Divisional Officer, Collectorate, Salem.

4.The Tahsildar,

5.The Head Surveyor, +1cc to the Government Pleader, S.R.No. 96073 W.P.No.27439 of 2019 RR(CO) GN(30/12/2019)