Selvarasi.P v. The Commissioner Of Survey And Settlement

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN P.Selvarasi ... Petitioner Vs.

1.The Commissioner of Survey and Settlement, Survey House Chepauk, Chennai - 600 005.

2.The District Collector, Tenkasi District, Tenksi.

3.The Thasildar, Senkottai Taluk, Tenksi District.

4.The Head Surveyor, Senkottai Taluk, Tenkasi 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 third and fourth respondents to take appropriate action to survey the petitioner's land comprised in bottom of western half portion (41 Cents) of 82 cents of land comprised in Survey No.282/8A1, admeasuring 30 cents and situate at Thenkadu, Pudhur 1/4

Village, Senkottai Taluk, Tenkasi District, in order to fix the correct four boundaries and thereby to modify its FMB Sketch drwn with wrong measurements.

For Petitioner :

Mr.S.Ramu For Respondents :

Mr.N.Muthuvijayan Special Government Pleader

ORDER

The writ petition has been filed in the nature of Mandamus seeking a direction to the third and fourth respondents Tahsildar and Head Surveyor, Sengottai Taluk, Tenkasi District, to survey the land of the petitioner in Survey No.282/8A1, measuring 30 cents at Thenkadu, Pudur Vilage, Sengottai Taluk, Tenkasi District and fix the four boundaries and thereafter to modify the FMB sketch which according to the petitioner, contains wrong measurements.

2. In the affidavit filed in support of the wit petition, it had been stated that there had been a wrong entry in the FMB sketch stating that the extent of the portion of the land of the petitioner was given as 35 cents instead of 30 cents. In order to correct the mistake, the petitioner seeks survey of the lands. 2/4

3. A direction is given to the 3 and 4 respondents, to issue notice to the petitioner, examine the documents of the land of the petitioner and thereafter measure the property of the petitioner and if it is found that the statement of the petitioner that the land are only 30 cents is correct then make necessary correction in the FMB sketch and put forth this particular result before the proper authority to do the necessary needful sofar as the FMB sketch is concerned. The issue of conducting survey may be completed within a period of six weeks from the date of receipt of a copy of this order. 4.This writ petition is disposed of. No costs. 08.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No pnn To 1.The Commissioner of Survey and Settlement, Survey House Chepauk, Chennai - 600 005.

2.The District Collector, Tenkasi District, Tenksi. 3/4

3.The Thasildar, Senkottai Taluk, Tenksi District. 4.The Head Surveyor, Senkottai Taluk, Tenkasi District. C.V.KARTHIKEYAN, J.

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