Francis Xaviour v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.27899 of 2024 Francis Xaviour

...Petitioner

Vs.

1. The District Collector, O/o. Collectorate, Cuddalore.

2. The District Revenue Officer, Cuddalore.

3. The Tahsildar, Panruttitaluk Office, Cuddalore District. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider and pass order on the petitioner representation dated 14.02.2022 and 29.08.2022 rectifying the error in Field Map Book (FMB) Sketch with regard to an extent of 41.0 meters on the northern side instead of 36.2 meters and on the southern side 105.6 meters instead of 103.6 meters comprised in New S.No.61/2 at Panickenkuppam Village, Panrutitaluk, Cuddalore District. For Petitioner : Mr.S.Mohana Sundara Rajan For Respondents : Mr.A.M.Ayyadurai Government Advocate 1/4

O R D E R

The petitioner herein seeks a direction to the respondents to consider his representation dated 14.02.2022 seeking rectification of error in the Field Map Book (FMB) Sketch regarding measurements. It is the case of the petitioner that on northern side measurement is shown as 36.2 meters instead of 41.0 meters. on the southern side measurement is shown as 103.6 meters instead of 105.6 meters. It is also stated that the extent also wrongly mentioned in respect of property comprised in New.S.N.61/2 at Panickenkuppam Village, Panrutitaluk, Cuddalore District.

2. By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

3. It is the case of the petitioner that he purchased the subject property under registered sale deed dated 30.10.1992 from one G.Sundaram for a valid consideration. After purchase, he mutated the patta in his name. Though patta was issued correctly, the FMD sketch has been prepared showing lesser extent of the property. Therefore, the petitioner made a representation dated 2/4

14.02.2024 to the third respondent seeking rectification of the said error in the FMD sketch and the same has not been considered till date. Therefore, the petitioner is before this Court.

4. Mr.A.M.Ayadurai, learned Government Advocate, who takes notice for the respondents would submit that the representation of the petitioner would be considered on its own merits and appropriate orders will be passed.

5. In view of the above submission made by the learned Government Advocate, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the third respondent to consider the representation of the petitioner dated 14.02.2022 and pass final orders, after issuing notice to the petitioner and other interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

24.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order 3/4

S. SOUNTHAR, J.

av To

1. The District Collector, O/o. Collectorate, Cuddalore.

2. The District Revenue Officer, Cuddalore.

3. The Tahsildar, Panruttitaluk Office, Cuddalore District.

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