Karuppuchamy v. The Dist.Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2020
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.10671 of 2020 Karuppuchamy ... Petitioner Vs.
1.The District Collector, Office of the District Collector, Sivagangai District.
2.The Divisional Inspector, District Level land Survey Department, Sivagangai District.
3.The Assistant Director, District Level land Survey Records Department, Sivagangai District.
4.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.
5.The Deputy Circle Inspector, Circle Level Land Survey Department, Thiruppuvanam Circle, Sivagangai District.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the third respondent to rectify the typographical error in the FMB (Field Measurement Book) Sketch Line in Western Side (North to South) measurement of 85 meter (geographical Location) instead of 79.4 meter in Survey No.150/14A1 situated at Kattamankottai Village, Konthagai Group, Thiruppuvanam Taluk, Sivagangai District within a time frame stipulated by this Court on the basis of the third respondent proceedings in Na.Ka.A3/4735/2019 dated 13.12.2019. For Petitioner : Mr.R.Udhayakumar For Respondents : Mr.P.Kannithevan Additional Government Pleader 1/3
ORDER
The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, directing the third respondent to rectify the typographical error in the FMB (Field Measurement Book) Sketch Line in Western Side (North to South) measurement of 85 meter (geographical Location) instead of 79.4 meter in Survey No.150/14A1 situated at Kattamankottai Village, Konthagai Group, Thiruppuvanam Taluk, Sivagangai District within a time frame stipulated by this Court, on the basis of the third respondent proceedings in Na.Ka.A3/4735/2019 dated 13.12.2019.
2.Mr.P.Kannithevan, learned Additional Government Pleader takes notice for the respondents.
3.By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.
4.According to the petitioner, earlier he made a representation dated 11.11.2019 to the second respondent seeking to rectify the typographical error in the FMB sketch measurement bearing Survey No.1501/14A1 situated at Kattamankottai Village, Konthagai Group, Thiruppuvanam Taluk, Sivagangai. On 11.12.2019, the second respondent, after inspecting the said property, directed the respondents 3 to 5 to rectify the typographical error in the FMB sketch. Thereafter, the third respondent by proceedings dated 13.12.2019 directed the fourth respondent to rectify the same. The petitioner sent several representations to the respondents. After several representations, the respondents have not taken any steps to rectify the same. Hence, the petitioner has filed the present Writ Petition. 5.
The learned Additional Government Pleader appearing for the respondents would submit that by taking note of the proceedings of the third respondent dated 13.12.2019, the petitioner's representation dated 29.07.2020 would be considered by the fifth respondent, on merits and in accordance with law, within a time frame to be fixed by this Court.
6.In view of the submissions made by the learned Additional Government Pleader, this Court, without expressing any opinion on the merits of the case, directs the fifth respondent to consider the representation of the petitioner dated 29.07.2020 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner and the interested parties, if necessary. The petitioner is directed to enclose a copy of this order along with such representation to the fifth respondent, though he has not filed any acknowledgment for having sent such representation to the fifth respondent. 2/3
7.With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (W) // True Copy // / /2020 Sub Assistant Registrar(CS) Note:- In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. Ps To 1.The District Collector, Office of the District Collector, Sivagangai District.
2.The Divisional Inspector, District Level and Survey Department, Sivagangai District.
3.The Assistant Director, District Level and Survey Records Department, Sivagangai District.
4.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.
5.The Deputy Circle Inspector, Circle Level Land Survey Department, Thiruppuvanam Circle, Sivagangai District.
+1 CC to M/s.GP ( SR-15827[F] dated 03/09/2020 ) W.P.(MD)No.10671 of 2020 02.09.2020 KK(10.09.2020) 3P 7C 3/3