Madras High CourtWP(MD)/1972/2025disposed of

Mayil v. The District Collector

2025-01-24Honourable Mrs Justice N. Mala6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA Mayil ... Petitioner Vs.

1. The District Collector, Collectorate Campus, Thoothukudi District, Thoothukudi.

2. The District Revenue Officer, Collectorate Campus, Thoothukudi District, Thoothukudi.

3. The Assistant Director, District Land Survey Office, Collectorate Campus, Thoothukudi District.

4. The Revenue Divisional Officer, Revenue Divisional Office, Tiruchendur, Thoothukudi District.

5. Tahsildar, Taluk Office, Eral Taluk, Thoothukudi District.

6. The Executive Officer, Eral Town Panchayat, Eral Taluk, Thoothukudi District.

.. Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to effect necessary rectification of defects in the Village FMB Records in respect of Old Survey No.151/1, New Survey No.470/49, situated at Siruthondanallur Village in Ward No.15, Eral Town Panchayat, Eral Taluk, Thoothukudi District based on the petitioners representation dated 01.10.2024.

For Petitioner : Mr.S.Mandhira Lingeswaran For R1 to R5 : Mr.A.Kannan Additional Government Pleader For R6 : Mr.S.Selvaganesan Additional Government Pleader

O R D E R

The writ petition is filed for a writ of mandamus directing the the respondents to effect necessary rectification of defects in the Village FMB Records in respect of Old Survey No.151/1, New Survey No.470/49, situated at Siruthondanallur Village in Ward No.15, Eral Town Panchayat, Eral Taluk, Thoothukudi District based on the petitioner's representation dated 01.10.2024.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The subject property was purchased by the petitioner's father namely, Sudalai Muthu, under a registered sale deed in Doc.No.735/1992. After demise 2/6

of the petitioner's father, the petitioner and his brother entered into a registered partition deed in Doc.No.1192/1999. The petitioner and his brother constructed a house in this respective portions. While so, in November 2023, due to heavy rain the petitioner's house was demolished and in order to renovate the same, the petitioner approached the revenue authorities to survey and to demarcate the boundaries of his properties and paid necessary fees for the same. While the revenue officials visited the property for survey, they found that in FMB sketch the extent mentioned was less when compared to the measurement in the sale deed. The petitioner therefore was advised to rectify FMB sketch. The petitioner sent a representation to the respondents on 01.10.2024, to rectify the error in FMB. Since there was no response, the petitioner filed the above writ petition for the aforesaid relief.

4.The learned Additional Government Pleader appearing for the respondents 1 to 5 submits that the petitioner's representation dated 01.10.2024, would be considered and reasonable time may be granted to pass orders on the same.

5. In view of the said submission, a direction is issued to the fifth respondent to consider and pass orders on the petitioner's representation dated 01.10.2024, on merits and in accordance with law after affording opportunity of 3/6

hearing to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the aforesaid directions, the Writ Petition stands disposed of. No costs.

24.01.2025 NCC:yes/no Index:yes/no Internet:yes/no CM 4/6

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