Kalyanasundaram v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Kalyanasundaram .. Petitioner Vs.

1.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

2.The Tahsildar, R.S.Mangalam Taluk, R.S.Mangalam, Ramanathapuram District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to make the necessary corrections as per deeds and patta in the said map for S.Nos.2/2, situated Melakaikudi Village, R.S.Mangalam Taluk, Ramanathapuram District within stipulated time fixed by this Honble Court by considering the representation of the petitioner dated 08.08.2024.

For Petitioner :

Mr.S.Sathyachidambaram

For Respondents :

Mr.D.S.Nedunchezhiyan Government Advocate

ORDER

The petitioner has moved this writ petition for a mandamus stating that the FMB relating to S.No.2/2 of Melakaikudi Village, R.S.Mangalam Taluk, Ramanathapuram District, requires correction, as it does not correlate with the patta granted to the petitioner.

2. The petitioner would submit that the lands in S.No.2/2 of the above said Village measuring an extent of 3 acres belonged to one Srinivasan Iyer. By a registered sale deed dated 23.07.2009 one Velu Thevar has purchased the aforesaid property and the petitioner had purchased it from the said Velu Thevar under a registered sale deed dated 29.04.2010. The Revenue Officials had thereafter subdivided the property and mutated the patta in favour of the petitioner in Patta No. 3147. While the survey based on the petitioner's application was being made, the Revenue Officials found that the property was wrongly

mentioned in the FMB and therefore, the petitioner had given a representation on 08.08.2024 to the first respondent to make necessary corrections.

3. Today when the matter is called, Mr.D.S.Nedunchezhiyan, learned Government Advocate would submit that the FMB is in tune with the petitioner's patta.

4. Heard both counsels.

5. A perusal of the patta, which has been filed at Page No.30 of the typed set of papers would clearly show that the patta has been issued to the petitioner in respect of the property bearing S.No.2/2B measuring 1.21.50 Hectares. The FMB, which has been filed both at Page No.35 of the typed set of papers and the FMB produced today would clearly show that the FMB clearly demarcates S.No.2 as S.Nos.2/2A and 2/2B. The petitioner's property is delineated as S.No.2/2B. The original A-Register

in respect of the properties stood in the name of Venkatarama Iyer and others. Thereafter, the A-Register in respect of S.No.2/2B shown the name of Kalyanasundaram in Patta No.3147. Therefore, the prayer on which the writ petition has been predicated is totally erroneous and misconceived and the Writ Petition is dismissed. No costs. 03.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

2.The Tahsildar, R.S.Mangalam Taluk, R.S.Mangalam, Ramanathapuram District.

P.T.ASHA, J.

abr Dated: 03.09.2024