P.S.Ponnusamy v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 32165 of 2024 P.S.Ponnusamy

...Petitioner

Vs.

1.The Tahsildar Anthiyur Taluk, Erode District.

2.The Firka Surveyor Anthiyur Firka Erode District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to include 80 cents in Field Measurement Book and Patta No.4206 pertaining to the S.F.No.833.5A, Anthiyur Village, Anthiyur Taluk, Erode District based on the representation of the petitioner dated 03.12.2023. 1/6

For Petitioner :

Mr. E.P.Senniyangiri For Respondents :

Mr. R.P.Murugan Raja Government Advocate.

O R D E R

The Writ Petition seeks mandamus to the respondents to include 80 cents in the Field Measurement Book and Patta No.4206, in respect of the lands in Survey Field No.833/5A, Anthiyur Village, Anthiyur Taluk, Erode District, on the basis of the representation dated 03.12.2023.

2. It is the case of the petitioner that he had purchased 1 acre in Old S.F.No.759A and an extent of 19 3⁄4 cents was acquired by the Highways Department for widening the road. The acquired portion was subdivided as S.F.No.833/5B and the remaining 80 cents was included in S.F.No.833/5A. The petitioner would submit that he is in possession of the remaining 80 cents coming under new sub-division in 2/6

S.F.No.833/5A in Patta No.4206.

3. However, when the petitioner downloaded E-chitta, he was shocked to see an extent measuring 84 cents. The petitioner is entitled only to an extent of 80 cents and an excess 4 cents had been included in his extent. Likewise, the FMB map shows only 57 1⁄4 cents and without notice to him S.F.No.833/5A is further subdivided as S.F.No.833/6A including 8 3⁄4 cents. Therefore, the petitioner is shown to be in enjoyment of 66 cents and the remaining 14 cents has been removed from the revenue records. Therefore, he made a representation on 03.12.2023 to the 1st respondent for correcting the error. The same has not been considered to date. Hence, the petitioner is before this Court.

4. Heard the learned counsels on the either side and perused the records.

5. Taking into account the above facts, it is clear that there has been a mistake both in the e-chitta as well as the FMB and the same has 3/6

to correspond to the actual enjoyment of the petitioner after the acquisition.

6. Therefore, mandamus is issued to the 1st respondent to include 80 cents in the Field Measurement Book and Patta No.4206 pertaining to the S.F.No.833.5A, Anthiyur Village, Anthiyur Taluk, Erode District based on the representation of the petitioner dated 03.12.2023, within a period of 8 weeks, from the date of receipt of a copy of this order. No costs.

06.11.2024 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The Tahsildar Anthiyur Taluk, Erode District.

2.The Firka Surveyor Anthiyur Firka Erode District.

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P.T. ASHA, J, kan W.P.No. 32165 of 2024 06.11.2024 6/6