Charkal K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2025 CORAM :

THE HON'BLE MR.JUSTICE S. SOUNTHAR K.Charkal ... Petitioner Vs

1. The District Collector, Madurai District.

2. The Revenue Divisional Officer, Collectorate, Madurai.

3. The Assistant Director of Survey, Survey and Settlement, Madurai.

4. The Tahsildar, Vadipatti, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to correct the wrong entry of 19.36 cents as found in the FMB sketch for survey no. 136/1D, into 30 cents in Kovil Kuruvithurai village, Vadipatti Taluk, Madurai District, as per the registered sale deed dated 15.10.2008 vide Doc.No.2094/2008. 1/5

For Petitioner :

Mr.Janakiramulu V, For Respondents :

Mrs.K.Malathi Additional Government Pleader

O R D E R

The writ petition is filed seeking a direction to the respondents to correct the error in the extent as found in FMB sketch in S.No. 136/1D, in Kovil Kuruvithurai Village, Vadipatti Taluk, Madurai District. 2.According to the petitioner, he purchased 1 acre 39 cents in S.Nos.136/1A and 136/1D under sale deed dated 25.04.2007. The patta for the subject property was also issued in the name of the petitioner. In S.No.136/1D, the petitioner is entitled to 30 cents. The Village 'A' Register and patta stand in the name of the petitioner for an extent of 30 cents. However, in the FMB for the above said survey number, extent is wrongly mentioned as 19.36 cents. Therefore, the petitioner submitted a representation on 12.09.2022 before the respondents seeking rectification of FMB with regard to the extent, but the same has not been considered. Hence, he has come before this Court.

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3.The fourth respondent filed a counter affidavit stating that measurements mentioned in FMB was found correct and the extent of the property is manipulated in 'A' Register and patta. However, there is nothing on record to suggest the fourth respondent conduct any enquiry by giving opportunity to the petitioner and pass any order on the representation.

4.In view of the same, the second respondent, who is the appellate authority under the Patta Pass Book Act, is directed to consider the representation of the petitioner dated 12.09.2022 and pass final orders on its own merits within a period of twelve weeks from the date of receipt of a copy of this order, after affording reasonable opportunity to the petitioner, neighboring land owners and other interested parties. 4.With the above direction, this writ petition stands disposed of. No costs.

25.07.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR 3/5

To

1. The District Collector, Madurai District.

2. The Revenue Divisional Officer, Collectorate, Madurai.

3. The Assistant Director of Survey, Survey and Settlement, Madurai.

4. The Tahsildar, Vadipatti, Madurai District.

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S. SOUNTHAR , J.

LR 25.07.2025 5/5