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Madras High CourtWP(MD)/9980/2014allowed

S.Nandakumar v. The District Collector,

2023-01-03Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.9980 of 2014 S.Nanda Kumar ..... Petitioner - VsState Represented by

1. The District Collector, Trichy, Trichy District.

2. The District Revenue Officer, Lalgudi Taluk, Trichy, Trichy District.

3. The Regional Divisional Officer, Lalgudi Taluk, Trichy, Trichy District.

4. The Thasildar, Lalgudi Taluk, Trichy, Trichy District.

5. Maruthanayagam

6. V.Ramesh Kumar ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus by directing the respondents 1 to 4 to include the survey No.146/11B situated in L.Abhishekapuram Village, Lalgudi Taluk, Trichy District in the Field Map Book (FMB Sketch) and issued a fresh FMB Sketch to the petitioner by considering his representation dated on 05.08.2013. For Petitioner : Mr.K.Pitchaimuthu For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader (For R-1 to R-4) : No appearance (For R5 and R6)

ORDER

The present Writ Petition has been filed to direct the respondents 1 to 4 to include the Survey No.146/11B situated in L.Abhishekapuram Village, Lalgudi Taluk, Trichy District in the Field Map Book (FMB Sketch) and issued a fresh FMB Sketch to the petitioner by considering his representation dated on 05.08.2013.

2. The case of the petitioner is that he had been issued with patta bearing Patta No.849 in respect of the Survey No.146/11B measuring an 2/5

extent of 32.50 Acres. However, the Field Map Book maintained by the Revenue Department does not disclose the Sub Division No.146/11B and hence, he made a representation to the respondents on 05.08.2013 and the same not been considered by the respondents. Hence, the present Writ Petition has been filed.

3. This Court, considering the limited relief sought for in the Writ Petition, without going into the merits of the case, the third and fourth respondents are directed to consider the representation of the petitioner, dated 05.08.2013 and pass orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order, after affording an opportunity to the parties concerned.

4. With the above said direction, this Writ Petition is allowed. No costs.

03.01.2023 NCS: Yes / No Index :

Yes / No Internet :

Yes / No ebsi 3/5

To

1. The District Collector, Trichy, Trichy District.

2. The District Revenue Officer, Lalgudi Taluk, Trichy, Trichy District.

3. The Regional Divisional Officer, Lalgudi Taluk, Trichy, Trichy District.

4. The Thasildar, Lalgudi Taluk, Trichy, Trichy District.

4/5

K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No.9980 of 2014 03.01.2023 5/5