Boopathy P v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Boopathy ....

Petitioner Vs 1.The District Collector, Coimbatore District.

2.The Revenue Divisional Officer, Coimbatore District.

3.The Tahsildar, Sulur Taluk, Coimbatore District.

4.The Land Surveyor, Sulur Taluk, Coimbatore District.

....

Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Mandamus, directing the 3rd respondent to rectify the error in the FMB Sketch as per the release deed vide document number 3291/2013 dated 14.03.2013 and patta no.1946 through considering the representation dated 20.06.2024 within the period that may be stipulated by this Court.

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For Petitioner :

Mr.A.Arun Kumar For Respondents :

Mr.M.R.Gokul Krishnan Additional Government Pleader

ORDER

This Writ Petition has been filed for the following relief:

"directing the 3rd respondent to rectify the error in the FMB Sketch as per the release deed vide document number 3291/2013 dated 14.03.2013 and patta no.1946 through considering the representation dated 20.06.2024 within the period that may be stipulated by this Court."

2. It is the case of the petitioner that the property, measuring an extent of 0.99.50 ares (2 acre 45 1⁄4 cents) comprised in Survey No.377/2 situated at Arasur Village, Sulur Taluk, Coimbatore District, originally belonged to his father, Palanisamy. On the death of his father on 29.12.1982, the petitioner's mother Balamani, his sister Padmavathi, his brother Vijayakumar and the petitioner inherited the property in question. Thereafter, under a release deed dated 14.03.2013, the petitioner's mother and siblings 2/5

executed a release deed in favour of the petitioner. The petitioner, thereafter, made an application for survey of the land and for fixing the boundaries. At that point of time, he came to learn that there was an error in the measurement given in the FMB Sketch. Instead of showing an extent of 2 acre 45 1⁄4 cents, the FMB Sketch mentioned an extent of 2 acre 31 1⁄4 cents. Therefore, the petitioner had submitted a representation on 20.06.2024 to rectify the said mistake. However, no action has been taken to date. Aggrieved by this, the petitioner is before this Court.

3. Heard Mr.A.Arun Kumar, learned counsel appearing for the petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader takes notice on behalf of the respondents 1 to 4.

4. Considering the limited relief claimed by the petitioner, a mandamus is issued to the third respondent to rectify the defects in the FMB Sketch, by considering the petitioner's 3/5

representation dated 20.06.2024, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition stands allowed. No costs.

03.01.2025 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking order Lpp To 1.The District Collector, Coimbatore District.

2.The Revenue Divisional Officer, Coimbatore District.

3.The Tahsildar, Sulur Taluk, Coimbatore District.

4.The Land Surveyor, Sulur Taluk, Coimbatore District.

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P.T. ASHA, J, Lpp W.P.No. 39849 of 2024 03.01.2025 5/5