Madras High CourtWP(MD)/6639/2022disposed of

Soosaimanickam V v. The District Revenue Officer

2022-04-11Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE V.Soosaimanickam ... Petitioner /Vs./ 1.The District Revenue Officer, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Manamelkudi Taluk, Manamelkudi, Pudukkottai District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to do appropriate corrections in the Field Measurement Book / FMB sketch so for out property in S.No.134/2A1B of Keelamanjakudi Village, Manamelkudi Taluk, Pudukkottai District as per the registered sale deed in document No.1013/2006 dated 09.11.2006 on the file of the Manamelkudi Sub-Registrar Office, based on petitioner's representation dated 18.09.2021 submitted in person to the respondents with the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.Mohanasundaram For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to correct the error in the Field Measurement Book / FMB sketch in respect of the property comprised in S.No.134/2A1B of Keelamanjakudi Village, Manamelkudi Taluk, Pudukkottai District, as per the registered sale deed in document No.1013/2006 dated 09.11.2006 on the file of the Manamelkudi SubRegistrar Office, based on the petitioner's representation dated 18.09.2021, within a time frame to be fixed by this Court. 2.The petitioner claims that he purchased the aforementioned property under the sale deed dated 09.11.2006 registered as Document No.1013/2006. According to him, since the boundaries were wrongly mentioned in the schedule to the said sale deed, there is an error in that Field Measurement Book / FMB sketch for the subject property and he seeks correction of the same. Therefore, he has given a representation on 18.09.2021 for the said purpose. Since 1/3

the representation has not been considered till date, he has filed this writ petition.

3.Heard Mr.M.Mohanasundaram, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents. 4.The petitioner has produced copies of the registered sale deed dated 09.11.2006, patta, FMB sketch and other documents. The petitioner claims that there is an error with regard to the description of the property in the schedule to the sale deed dated 09.11.2006. In view of the said error, the revenue records also reveal the same mistake. The petitioner has sought for rectification in his representation dated 18.09.2021.

5.Admittedly, the said representation has not been considered till date. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law. The petitioner has filed documents along with this writ petition. It is for the respondents to consider the same on merits and in accordance with law and decide as to whether the error in the revenue records can be corrected or not. 6.For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representation dated 18.09.2021 seeking to correct the mistakes in the Field Measurement Book / FMB sketch in respect of the property comprised in S.No.134/2A1B of Keelamanjakudi Village, Manamelkudi Taluk, Pudukkottai District, as per the registered sale deed in document No.1013/2006 dated 09.11.

2006 on the file of the Manamelkudi SubRegistrar Office and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, including granting him the right of personal hearing, within a period of twelve [12] weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 2/3

To:

1.The District Revenue Officer, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Manamelkudi Taluk, Manamelkudi, Pudukkottai District.

+1 CC to M/s.G. THALAIMUTHARASU, Advocate ( SR-18636[F] dated 13/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-18153[F] dated 12/04/2022 ) order made in Dated:

11.04.2022 SR(CO) GC(02.05.2022) 3P 5C 3/3