Madras High CourtWP(MD)/7699/2018disposed of

Adaikkalamary, v. The District Collector,

2020-11-24Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN Adaikkalamary ... Petitioner -Vs1. The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, Srirangam, 4.The Tahsildar, Manapparai Taluk, ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to make corrections in the 'A' Register, UDR-FMB sketch and patta with respect to the extent of the lands in Survey No.148/8D to an extent of 12.5 cents, instead of 11 cents belonged to the petitioner situated at Vaiyampatti Village, Manapparai Taluk, Trichy District and to issue the same after making necessary corrections within the period that may be stipulated by this Court.

For Petitioner : Mr.K.Sureshkumar For Respondents : Mr.M.Pandiya Rajan Additional Government Pleader

ORDER

The petitioner has come forward with this Writ Petition, seeking a direction to the respondents to make corrections in the 'A' Register, UDR-FMB sketch and patta with respect to the extent of the lands in Survey No.148/8D to an extent of 12.5 cents, instead of 11 cents belonged to the petitioner situated at Vaiyampatti Village, Manapparai Taluk, Trichy District and to issue the same after making necessary corrections within the period that may be stipulated by this Court.

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2.Heard both sides.

3.According to the petitioner, the land in Survey No.148/8D to an extent of 12.5 cents belonged to the petitioner vide sale deed No.1176/1972 datred 26.04.1972. From the date of purchase, the petitioner is in peaceful possession and enjoyment of the said land. But the respondents have wrongly prepared UDR-FMB sketch only to an extent of 11 cents in Survey No.148/8D and omitted 1.5 cents which has to be included in Survey No.148/8D and the respondents have also wrongly issued patta to an extent of 11 cents alone instead of 12.5 cents. Therefore, the petitioner sent representation dated 11.12.2017 to the second respondent. Since no order has been passed on the representation of the petitioner, he has approached this Court, seeking aforesaid prayer.

4. Considering the facts and circumstances of the case, the second respondent is directed to consider the representation of the petitioner dated 11.12.2017 and pass orders in accordance with law within a period of 120 days from the date of receipt of a copy of this order and also in the light of the judgment made in W.P.(MD) No.14135 of 2020, dated 12.10.2020, after affording an opportunity of hearing to the concerned parties. It is needless to mention that the persons, who are likely to be affected or persons, who are interested must be heard.

5.Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL 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.

1. The District Collector, 2/3

2.The District Revenue Officer, 3.The Revenue Divisional Officer, Srirangam, 4.The Tahsildar, Manapparai Taluk, +1 CC to SGP ( SR-22996[F] dated 26/11/2020 ) 24.11.2020 MA(CO) NR (14/12/2020) 3P : 6C 3/3