Thirumalai.K.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN K.M.Thirumalai ... Petitioner Vs.

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

2.The District Revenue Officer, Sivagangai.

(R2 is impleaded as per order of this Court dated 09.06.2023) 3.The Tahsildar Thiruppuvanam Taluk Office, Sivagangai District.

...Respondents

(R3 is rearranged as per order of this Court dated 09.06.2023) 1/6

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to rectify the classification of the error in the FMB in respect of survey No.241/2 having patta No.1702 situated at Poovandhi Group, Thiruppuvanam Taluk, Sivagangai District, as "Oorani Sai" instead of "oorani" by considering the petitioner's representation dated 28.11.2022 For Petitioner : Mr.V.Malaiyendran For Respondents : Mr.J.Ashok, Additional Government Pleader

O R D E R

The Writ Petition has been filed in the nature of a Mandamus seeking a direction to the respondents, particularly, the second respondent / Tahsildar, Thiruppuvonam Taluk Office, Sivagangai District, to rectify the classification of an error in the FMB sketch with respect to lands in Survey No.241/2 in patta No.1702 at Poovandi Group, Thiruppuvonam Taluk, Sivagangai District, as Ooranisai instead of Oorani. The petitioner had given a representation on 28.11.2022. 2/6

2. The learned Additional Government Pleader who had taken notice on behalf of the respondents stated that the patta stands in the name of the petitioner herein. However, it is also pointed out that the competent authority to examine an error in the FMB and to correct the same is the District Revenue Officer.

3. In view of that particular representation, the District Revenue Officer, Sivagangai, is suo motu impleaded as second respondent in the writ petition. The existing second respondent is rearranged as the third respondent. The Registry before issuing the order copy, may make necessary amendment in the cause title.

4. The petitioner may give a fresh representation giving the entire details to the newly impleaded District Revenue Officer, Sivagangai, and on receipt of such representation, the District Revenue Officer, may get necessary report from the third respondent/Tahsildar, Thiruppuvonam Taluk, and also issue notice to the petitioner and examine the revenue records and pass necessary orders. The District 3/6

Revenue Officer may pass necessary orders within a period of six weeks from the date on which the report of the Tahsildar, is obtained by him, after the representation given by the petitioner.

5. With the above directions, the Writ petition stands disposed of. No costs.

09.06.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM Note : Registry is directed to carry out necessary amendment in the cause title.

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To

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

2.The District Revenue Officer, Sivagangai.

3.The Tahsildar Thiruppuvanam Taluk Office, Sivagangai District.

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C.V.KARTHIKEYAN, J.

RM 09.06.2023 6/6