Ashokan v. The District Collector
In the High Court of Judicature at Madras Dated : 02.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.38787 of 2024 Ashokan
...Petitioner
Vs 1.The District Collector, Dharmapuri District, Dharmapuri.
2.The District Revenue Officer, Dharmapuri District, Dharmapuri.
3.The Tahsildar, Harur Taluk, Dharmpuri District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 2 and 3 to make suitable entries in the field measurement book (FMB), ARegistrar, patta and other relevant revenue records for the land in survey No.32/8A to the extent of 8 cents n Achalvadi Village, Harur Taluk, Dharmapuri District in pursuance of document No.735 of 1985 registered before the Sub-Registrar, Harur within a time frame as may be fixed by this Court.
For Petitioner :
Mr.J.Pradeep For Respondents :
Mr.R.P.Murugan Raja, GA 1/4
ORDER
Seeking a direction to respondents 2 and 3 to make suitable entries in the field measurement book (FMB), A-Registrar, patta and other relevant revenue records in respect of the land in survey No.32/8A measuring 8 cents in Achalvadi Village, Harur Taluk, Dharmapuri District pursuant to the sale deed dated 25.3.1985 registered as doc.No.735 of 1985 registered before the Sub-Registrar, Harur, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for the respondents.
3. The case of the petitioner is that he purchased the subject property for a valid sale consideration from one Mrs.Selliyammal and her two sons vide sale deed dated 25.3.1985 registered as doc.No.735 of 1985 registered before the Sub-Registrar, Harur. Later, the petitioner sent a representation dated 01.7.2024 to the third respondent and the Revenue Divisional Officer, Harur seeking to conduct a survey and demarcate the boundaries in respect of the subject property, mutate the field measurement book and the other revenue records and issue a separate patta in favour of the petitioner. However, no action has been taken on the same. Hence the writ petition.
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4. It is stated by the learned Government Pleader appearing for the respondents that necessary charges have not yet been made by the petitioner to consider his request.
5. Considering the limited nature of the relief sought, the writ petition is allowed and a direction is issued to the petitioner to pay necessary charges to consider his request. On receipt of such payment, the third respondent is directed to consider the said representation of the petitioner dated 01.7.2024 for conducting a survey and demarcating the boundaries in respect of the subject property, mutating the field measurement book and the other revenue records and issuing a separate patta in favour of the petitioner.
The petitioner shall submit all the relevant records to show his title to the subject property and the third respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter orders either surveying the subject property, demarcating its boundaries, mutating the revenue records and issuing a separate patta in favour of the petitioner or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 6 weeks from the date of payment of the charges by the petitioner. No costs. 02.1.
P.T.ASHA,J RS To 1.The District Collector, Dharmapuri District, Dharmapuri.
2.The District Revenue Officer, Dharmapuri District, Dharmapuri.
3.The Tahsildar, Harur Taluk, Dharmpuri District.
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