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Madras High CourtWP(MD)/20751/2024allowed

Balakrishnan R v. The District Collector

2024-09-02Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA R.Balakrishnan .. Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Tahsildar, Peraiyur Taluk, Peraiyur, Madurai District.

4.The Taluk Surveyor, Peraiyur Taluk, Peraiyur, Madurai 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

Survey No.242/22 situated at Peraiyampatti Village, Elumalai Postal, Peraiyur Taluk, Madurai District and correctly record the length as 36 feet and width as 18 feet, within stipulated time fixed by this Court. For Petitioner :

Mr.V.Maharajan For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

The present writ petition has been filed for a mandamus to the respondents to make the necessary corrections as per deeds and patta in the FMB for Survey No.242/22 situated at Peraiyampatti Village, Elumalai Postal, Peraiyur Taluk, Madurai District and correctly record the length as 36 feet and width as 18 feet.

2. The contention of the petitioner is that on 17.04.1961, there was a registered partition between his father Ramasamy Chettiar and his brothers, in and by which he had been allotted an area of 648 square feet in Survey No.242/22 in patta no.381. The property measures 36 feet (12 yards) in length and 18 feet in width (6 yards). However, in the FMB, it has been wrongly shown as 8.8 meters in length and 5.8 meters in width.

Hence, the petitioner had made a representation on 22.03.2024 for correcting the same in keeping with his deeds and patta. However, the said representation has not been considered. Therefore, the petitioner is before this Court.

3. Heard the learned counsel on either side.

4. Considering the fact that the petitioner has made his representation as early as on 22.03.2024. a mandamus is issued to the respondents to consider the representation of the petitioner and pass orders within a period of six (6) weeks from the date of receipt of copy of this order.

5. With the above direction, this Writ Petition stands allowed. No costs.

02.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Tahsildar, Peraiyur Taluk, Peraiyur, Madurai District.

4.The Taluk Surveyor, Peraiyur Taluk, Peraiyur, Madurai District.

P.T.ASHA, J.

gbg 02.09.2024