Madras High CourtWP(MD)/1506/2025disposed of

Muthukumar v. The District Collector

2025-01-21Honourable Mrs Justice N. Mala5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Muthukumar ...

Petitioner -vs1 The District Collector, Ramanathapuram District.

2 The Revenue Divisional Officer, Paramakudi Division, Ramanathapuram District.

3 The Thasildhar, Kadaladi Taluka, Ramanathapuram District.

4 The Head Surveyor, Kadaladi Taluka, Ramanathapuram District 5 Muthumanickam 6 Vilvakani ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing respondents to consider

the petitioner's objection petition, dated 17.12.2024, with regard to survey of the land at Survey no.440/10, Aappanur Revenue Village, Kadaladi Taluka, in Survey Petition No.003368 and 5320 and consequently direct the respondents to rectify the error in Patta and FMB sketch at Survey no.440/10, Aappanur Revenue Village, Kadaladi Taluka.

For Petitioner :

Mr.B.Mahendrarajan For Respondents 1 to 4 : Mr.A.Kannan, Addl. Govt. Pleader.

ORDER

The petitioner has filed this Writ Petition for a mandamus, directing respondents to consider the petitioner's objection petition, dated 17.12.2024, with regard to survey of the land in Survey No.440/10, Aappanur Revenue Village, Kadaladi Taluka, Ramanathapuram District, in Survey Petition No.003368 and 5320 and consequently direct the respondents to rectify the error in Patta and FMB sketch for the aforesaid land.

2. The petitioner and his brother purchased the subject property in in Survey No.440/10, Aappanur Revenue Village, Kadaladi Taluka, Ramanathapuram District, in the name of their father and thereafter, they executed a sale deed in favour of fifth respondent to an extent of 572 sq.ft. and another sale deed in favour of sixth respondent to an extent of 572 sq.ft. The

remaining property of 24 cents was partitioned by the petitioner and his brother. While so, the respondents 5 and 6 transferred patta in sub-division No.440/10B to an extent of 624 sq.ft. instead of 572 sq.ft. and FMB Sketch was also drafted accordingly. Further, the respondents 5 and 6 submitted a petition before the third respondent for survey of their lands. The petitioner submitted his objection petition on 17.12.2024, to the respondents 3 and 4. As the respondents did not consider the petitioner's objection petition, the petitioner filed the above writ petition for the aforesaid relief.

3. Learned Additional Government Pleader, on instructions, submits that the petitioner's objection petition, dated 17.12.2024, would be considered as per the directions issued by this Court in W.P.(MD) No.28143 of 2024, dated 26.11.2024.

4. Recording the said submission, this Writ Petition is disposed of, directing the third respondent to consider the petitioner's objection petition, dated 17.12.2024, while complying with the directions issued by this Court in W.P.(MD) No.28143 of 2024, dated 26.11.2024. No costs. 21.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1 The District Collector, Ramanathapuram District.

2 The Revenue Divisional Officer, Paramakudi Division, Ramanathapuram District.

3 The Thasildhar, Kadaladi Taluka, Ramanathapuram District.

4 The Head Surveyor, Kadaladi Taluka, Ramanathapuram District

N.MALA, J.

dixit 21.01.2025