Sakthivel.C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH C.Sakthivel ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Dindigul.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Dindigul.

3.The Tahsildar, Office of the Natham Taluk Office, Natham Taluk, Dindigul District.

4.The Surveyor, Natham Taluk Office, Natham, Dindigul District.

5.N.Asaithambi 6.Selvaraj ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, to direct the respondents 1 to 4 herein to issue a separate patta to the petitioner by rectifying the wrong entry in the FMB Sketch and patta in respect of the petitioner's property comprised in S.No.1/2A of an extent of 0.18.0 ares situated at Pappapatti Village, Natham Taluk, Dindigul District, on the basis of the petitioner's representation dated 13.12.2020 within the stipulated time fixed by this Court. For Petitioner : Mr.B.JameelArasu For R1 to R4 : Mr.M.Lingadurai, Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to act upon the representation made by the petitioner, on 13.12.2020, wherein, the petitioner has sought for rectification of the FMB sketch and for issuance of patta in his name with respect of the subject property. 1/3

2.The case of the petitioner is that he purchased the subject property situated at S.No.1/2A of an extent of 0.18.0 ares through a registered sale deed, dated 26.09.2012. The petitioner on going through the revenue records found that the property that was purchased by the petitioner has been wrongly covered in survey number 1/1, which belongs to the adjacent land owner, who is the mother of the respondents 5 and 6.

3.The petitioner make a representation to the respondents to rectify the wrong entry in the FMB sketch and for issuance of patta in the name of the petitioner with respect to the subject property. Since the same was not considered, the present writ petition has been filed before this Court, seeking for appropriate directions. 4.Heard Mr.B.Jameel Arasu, learned counsel for the petitioner and Mr.M.Lingadurai, learned Government Advocate for the respondents 1 to 4.

5.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the third respondent to consider the representation made by the petitioner, on 13.12.2020 and act upon the same on its own merits and in accordance with law after affording opportunity to the petitioner and respondents 5 and 6 and pass final orders, within a period of eight weeks from the date of receipt of a copy of this order.

6.The petitioner is directed to make a fresh representation to the third respondent along with all relevant documents and also a copy of this order.

7.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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.

To 1.The District Collector, Office of the District Collector, Dindigul.

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2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Dindigul.

3.The Tahsildar, Office of the Natham Taluk Office, Natham Taluk, Dindigul District.

4.The Surveyor, Natham Taluk Office, Natham, Dindigul District.

+1 CC to M/s.SPL GP ( SR-24034[F] dated 27/07/2021 ) 26.07.2021 RD(2.08.2021) 3P 6C 3/3