Rajamanickam K v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR K.Rajamanickam ...
Petitioner Vs 1 The District Collector, Thanjavur District, Thanjavur.
2 The District Surveyor, Thanjavur District, Thanjavur.
3 The Tahsildar, Peravurani Taluk, 4 The Firka Surveyor, Peravurani Taluk, 5 The Village Administrative Officer, Enathi Karambai, Peravurani Taluk,
6 The Block Development Officer, Peravurani Panchayat Union, ...
Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents No.2 to 5 to conduct Re-Survey the Four Boundaries measurement as Northern side : 6.0, North Eastern Side : 6.0, Southern Side : 5.8, Eastern Side : 19.4, and Western Side : 23.3 as per the Free House Site, FMB Sketch vide Patta No.14, dated 05.12.1993, in Survey No.113/30 for an extent of 001.5 Ares situated at Adi Dravidar Street, Enathi Karambai, Peravurani Taluk, Thanjavur District, to construct Government Free House allotted to the petitioner by the 5th Respondent, based on his representation, dated 15.04.2025. For Petitioner :
Mr.A.Kannan For Respondents : Mrs.K.Malathi, Addl. Govt. Pleader.
ORDER
The petitioner herein seeks a direction to the respondents 2 to 5 to conduct re-survey of the property situate in Survey No.113/30, at Enathi Karambai Village, Peravurani Taluk, Thanjavur District.
2. According to the petitioner, Thoraya Patta was issued to the petitioner by the Tahsildar, Peravurani Taluk, in respect of 1.5 Ares of land situate in Survey No.113/30, at Enathi Karambai Village, Peravurani Taluk, Thanjavur District. The petitioner sought for survey of the above said land. The respondents 3 and 4 conducted survey of the land with reference to the FMB maintained by them. However, the property has not been surveyed with reference to the plan annexed with the Thoraya Patta, issued in the name of the petitioner. Therefore, the petitioner submitted a representation on 15.04.2025 to the respondents 1 to 4, seeking re-survey of the land with reference to the Thoraya Patta, issued in his name. However, the same has not been considered. Hence, the petitioner has come forward before this Court by way of this Writ Petition.
3. The learned Additional Government Pleader, who takes notice for the respondents, would submit that the subject property has already been surveyed on 20.02.2025 and the petitioner has also acknowledged the same. It is further stated by the learned Additional Government Pleader that though in the Thoraya Patta issued to the petitioner, the northern side measurement is mentioned as 6 Mts., as per the FMB available with the respondents, the petitioner has got only 4.6 Mts. It is also stated by the learned Additional
Government Pleader that if the petitioner has got any grievance with regard to the shortage of measurement on the Northern side, he can make a separate representation and if any such representation is made by him in that regard, the same will be considered in accordance with law.
4. In respect of his grievance, the petitioner already submitted a representation before the respondents 1 to 4 on 15.04.2025.
5. In view of the stand taken by the learned Additional Government Pleader that any grievance of the petitioner with regard to the shortage of measurement on the Northern side will be dealt with separately, this Court is inclined to issue a direction to the petitioner to submit a fresh representation to the competent authority, namely, the District Revenue Officer, Thanjavur, with regard to the shortage of measurement on the Northern side of the property, within a period of four weeks from the date of receipt of copy of this order. The said authority shall consider the said representation of the petitioner on its own merits and pass final orders within a period of twelve weeks from the date of receipt of fresh representation from the petitioner.
6. With the above direction, this Writ Petition is disposed of. No costs.
7. Registry is directed to forward a copy of this order to the District Revenue Officer, Thanjavur, for appropriate action. 02.06.2025 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No dixit To:
1 The District Collector, Thanjavur District, Thanjavur.
2 The District Surveyor, Thanjavur District, Thanjavur.
3 The Tahsildar, Peravurani Taluk, 4 The Firka Surveyor, Peravurani Taluk,
5 The Village Administrative Officer, Enathi Karambai, Peravurani Taluk, 6 The Block Development Officer, Peravurani Panchayat Union, 7 The District Revenue Officer, Thanjavur.
S.SOUNTHAR, J.
dixit 02.06.2025