Anandan v. The Thasildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.11.2024
CORAM
THE HON'BLE MS.JUSTICE P.T.ASHA Anandan ... Petitioner Vs.
The Thasildar, Office of the Thasildar, Vandalur Taluk, Chengalpet District.
... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the Respondent to consider the representation of the Petitioner dated 28.08.2024 and pass such further or other appropriate orders.
For Petitioner : Mr.Raja Sekhar For Respondent : Mr.A.Selvendran Special Government Pleader Page No. 1 of 6
ORDER
Mr.A.Selvendran, learned Special Government Pleader takes notice on behalf of the Respondent.
2. The Petitioner seeks for a Mandamus to the Respondent/Thasildar to consider the representation to correct the FMB Sketch to be inconsonance with the Patta standing in the name of the Petitioner viz., Patta No.2146.
3. The Petitioner would submit that he and his wife had purchased one ground and 1333 sq.ft of land bearing Plot No.7 comprised in S.No.96/3 in Srinivasapuram, Guduvancherry Taluk vide registered Sale Deed dated 17.05.2010 and thereafter, purchased 632 sq.ft of land bearing Plot No.6 & 8 comprised in Sl.Nos.96/1 & 96/2 of the very same village vide registered Sale Deed dated 27.02.2019 and the remaining extent of 3330 sq.ft. of land comprised in S.No.96/1 & 96/2 new S.No.96/2B1 vide registered Sale Deed dated 11.09.2023.
Page No. 2 of 6
4. The learned counsel for the Petitioner would submit that the Petitioner has constructed a house in Plot No.7 and was residing there and enjoying the land in Plot No.6. While so, the neighboring owner of Plot No.8 attempted to interfere with the possession which constrained the Petitioner to file a Suit in O.S.No.57 of 2021 on the file of the learned District Munsif Chengalpet.
5. An Advocate Commissioner was appointed to measure the property in respect of Plot No.7. The Petitioner was issued with Patta No.2146 with reference to Plot No.7 and with reference to Plot No.6 Patta was not issued. However, in the FMB Sketch, the Petitioner sub-division number co-relating to S.Nos.96/2B2, 96/3B1B and 96/3B2A was shown as road site and therefore, the Petitioner had made a representation on 28.08.2024 to rectify the FMB Sketch put in tune with the Patta No.2146. However, the Respondent failed to process the said request.
6. Heard the learned counsel for the Petitioner and the learned Special Government Pleader for the Respondent and have perused the materials Page No. 3 of 6
available on record.
7. Considering the limited request and taking into account the fact that there has been no further progress on the Petitioner's representation dated 28.08.2024, this Court directs the Respondent to consider the representation of the Petitioner dated 28.08.2024 to correct the FMB Sketch and to pass appropriate Orders on merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this Order.
8. The Writ Petition stands allowed with the above observations and directions. No cost.
05.11.2024 Index : Yes/No Speaking/Non-speaking Order rgm Page No. 4 of 6
To The Thasildar, Office of the Thasildar, Vandalur Taluk, Chengalpet District.
Page No. 5 of 6
P.T.ASHA, J.
rgm 05.11.2024 Page No. 6 of 6