Bhavani S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.7076 of 2023 S.Bhavani ... Petitioner vs.

1.The District Collector, Madurai District, Madurai. 2.The Commissioner, Madurai Municipal Corporation, Madurai.

3.The Revenue Divisional Officer, Madurai North Taluk, Madurai District.

4.The Tahsildar, Madurai North Taluk, Madurai.

5.The Town Heady Surveyor, Madurai North Taluk, Madurai.

6.The Town Survey Officer, Madurai Corporation, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the third, fourth and fifth respondents to effect survey and made necessary changes in the FMB sketch, Town Survey Land Register and consequently, to direct the 1/5

third, fourth and fifth respondents to issue patta to the petitioner's property in Old S.No.435/2 in New S.No.3241/1 Ward No.8 in Old Record, New Ward No.10 Block No.81 an extent of 400 sq.feet situated at No.14, Mathichiyam Muthu 1st Street as per corporation tax receipt Assessment No.115/035/00937, Old Assessment No.115/18437, Mathichiyam, Madurai Town by considering the petitioner's representation, dated 19.07.2021.

For Petitioner :Mr.S.Atham Ali For R1, R3 to R6 :Mr.N.Muthu Vijayan Special Government Pleader For R2 :Mr.K.K.Kannan *****

O R D E R

This Writ Petition has been filed in the nature of a Mandamus seeking a direction to the fourth respondent/Tahsildar, Madurai North Taluk, Madurai, to examine the petition given by the petitioner herein with respect to land in Sathamangalam Village, Madurai West Zone, Old S.No.435/2, New S.No.3241/1 and conduct an enquiry and make necessary changes in the FMB sketch, Town Survey Land Register and grant patta to the petitioner herein.

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2.Heard Mr.S.Atham Ali, learned Counsel for the petitioner, Mr.N.Muthu Vijayan, learned Special Government Pleader for the respondents 1 and 3 to 6 and Mr.K.K.Kannan, learned Counsel for the second respondent.

3.The entire issue vests under the jurisdiction of the fourth respondent. The petitioner had given a representation to the District Revenue Officer, who is the competent authority and who had directed the fourth respondent to conduct enquiry.

4.The fourth respondent is directed to conduct necessary enquiry by issuing notice to the petitioner, examine the records and thereafter, forward the same to the District Revenue Officer, who may pass necessary orders on the representation given by the petitioner. The entire exercise must be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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5.The Writ Petition stands disposed of. No costs. Index :Yes / No 12.06.2023 Internet :Yes NCC : Yes/No cmr To 1.The District Collector, Madurai District, Madurai. 2.The Revenue Divisional Officer, Madurai North Taluk, Madurai District.

3.The Tahsildar, Madurai North Taluk, Madurai.

4.The Town Heady Surveyor, Madurai North Taluk, Madurai.

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C.V.KARTHIKEYAN, J.

cmr Order made in W.P.(MD)No.7076 of 2023 12.06.2023 5/5