Syed Rasheed Ahamed v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Syed Rasheed Ahamed ... Petitioner Vs.

1.The District Collector, District Collector's Office, Trichy-1, Trichy District.

2.The Revenue Divisional Officer, R.D.O. Office, District Collector's Office, Trichy-1, Trichy District.

3.The Tahsildar, Taluk Office, Srirangam, Trichy-6, Trichy District.

4.The Sub-Inspector of Survey, K.Abhishekapuram Zone, Trichy City Corporation, Puthur, Trichy-17, Trichy District.

5.The Commissioner, Trichy City Corporation, Promenade Road, Cantonment, Trichy-1, Trichy District.

6.Sopna ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the second respondent herein to make necessary corrections in Town Survey Sketch pertaining to property situated at Trichy District, Srirangam Taluk, Woraiyur sub-registration range, Manikandam Panchayat Union, Uyyakondan Thirumalai Village, Ayan Punjai Old S.F.No.17/3 Acre 0.57 cents, as per re-settlement S.F.No.17/4, Acre 0.57 cents in which lay out formed in which Plot No.35, on the basis of report submitted by fourth respondent dated 29.07.2019 as well as petitioner's representation dated 30.06.2021, within a stipulated period as may be fixed by this Court. 1/3

For Petitioner : Mr.R.Sundar For R-1 to R-4 : Mr.P.Subbaraj, Counsel for State.

For R-5 : Mr.R.Baskaran, Standing Counsel.

ORDER

The petitioner seeks consideration of his representation dated 30.06.2021 to correct the Town Survey Sketch pertaining to the property bearing old S.F.No.17/3 of an extent of 57 Cents, corresponding to re-settlement S.F.No.17/4 admeasuring 57 Cents in which Plot No.35 in the layout is owned by the petitioner.

2. The petitioner traces title to the above mentioned property through a registered settlement deed dated 26.06.2003 in favour of the sixth respondent. Subsequent thereto, it is stated that a registered sale deed dated 19.08.2021 was executed in favour of the petitioner. According to the petitioner, even prior to his purchase of the property, the relevant property was measured by the fourth respondent. Upon undertaking such exercise, the fourth respondent concluded that the extent of land available is 198 Square metres, whereas it is mentioned as 114 Square metres in the Town Survey Sketch. Therefore, he had indicated that the Town Survey Sketch be amended to reflect 198 Square metres instead of 114 Square metres. In spite of the said statement of the fourth respondent, the petitioner submits that no action was taken to carry out such amendment in the Town Survey Sketch.

After submitting a representation on 30.06.2021, the present Writ Petition is filed.

3. Mr.P.Subbaraj, learned counsel for the State, accepts notice for respondents 1 to 4 and Mr.R.Baskaran, learned Standing Counsel, accepts notice for the fifth respondent. In view of the nature of order proposed to be passed, notice to the sixth respondent is dispensed with.

4. The petitioner has produced the title deed under which the sixth respondent purchased the property as also the registered sale deed in his favour. The statement issued by the fourth respondent to the second respondent with regard to the measurements of the property is on record. On the basis of these documents, the petitioner has made out a case for the consideration of his representation.

5. Therefore, W.P(MD).No.18609 of 2021 is disposed of by directing the second respondent to consider the petitioner's representation dated 30.06.2021 and dispose of the same by a reasoned order within a period of three (3) months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner, the sixth respondent and any other 2/3

person who would be affected by the amendment requested for by the petitioner. There will be no order as to costs. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg/lm 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, District Collector's Office, Trichy-1, Trichy District.

2.The Revenue Divisional Officer, R.D.O. Office, District Collector's Office, Trichy-1, Trichy District.

3.The Tahsildar, Taluk Office, Srirangam, Trichy-6, Trichy District.

4.The Sub-Inspector of Survey, K.Abhishekapuram Zone, Trichy City Corporation, Puthur, Trichy-17, Trichy District.

5.The Commissioner, Trichy City Corporation, Promenade Road, Cantonment, Trichy-1, Trichy District.

+1 CC to M/s.SPL.GP ( SR-32365[F] dated 25/10/2021 ) 22.10.2021 RD/JC(01.11.2021) 3P 7C 3/3