Madras High CourtWP(MD)/18003/2017disposed of

R.Jawahar, v. The District Collector,

2017-09-22Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 22.09.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.18003 of 2017 R.Jawahar ..Petitioner Vs 1.The District Collector, Dindigul District.

2.The Tahsildar, Nilakkottai Taluk, Dindigul District.

3.The District Land Survey Department, Office of the Collectorate, Dindigul.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to consider the Petitioner's representation, dated 28.6.2017.

For Petitioner :M/s.B.Asha For Respondents :Mr.C.Selvaraj Spl.Govt.Pleader

ORDER

The prayer in the Writ Petition is for issuance of a Writ of Mandamus directing the third respondent to consider the Petitioner's representation, dated 28.6.2017. 2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents.

3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.The case of the Petitioner is that he along with his brothers purchased a property through sale deed, dated 25.11.1989 vide Document No.1058/1989. They were also in possession and enjoyment of the property.

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5.The grievance of the Petitioner is that the revenue records FMB(Field Measurement Book) does not reflect the exact measurement of the land of the Petitioner. Hence the Petitioner gave a representation to the District Collector on 19.6.2017 which was forwarded to the third respondent in the month of June 2017 itself, but so far no action has been taken. Hence the present Writ Petition.

6.Mr.C.Selvaraj, learned Special Government Pleader appearing for the respondents would submit that any correction in FMB(Field Measurement Book) could be made only by the Director of Land Survey, Chennai. However, he is not added as respondent in this Writ Petition.

7.In view of the above submission, the Petitioner is directed to give a fresh representation to the Director of Land Survey, Chennai within a period of two weeks from the date of receipt of a copy of this order, enclosing a copy of this order. On such compliance, the said authority is directed to consider the said representation on merits and in accordance with law and pass orders on the same, after giving notice to the Petitioner and other interested parties, if any, as expeditiously as possible, preferably within a period of four months therefrom.

8.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Dindigul District.

2.The Tahsildar, Nilakkottai Taluk, Dindigul District.

3.The District Land Survey Department, Office of the Collectorate, Dindigul.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 81172 +1cc to M/s. B.ASHA Advocate in SR. No. 80648 VSN JS/SKN.RSK/SAR.4/4.10.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/ W.P(MD)No.18003 of 2017 22.09.2017