Raameshwari. S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2024

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA S.Raameshwari ... Petitioner Vs.

1.The District Collector, Melur Taluk, Madurai District.

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

3.The Tahsildar, Melur Taluk, Madurai District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, to direct the third respondent to resurvey the land in Survey No.98/18 situated at Kidaripatti Village, Madurai District and consequently to direct the respondents to rectify the mistake made in FMB Sketch error in Survey No.98/18A and patta No. 5801 on the basis of the petitioner's representation dated 05.08.2024 vide acknowledgment No.2024/0123/24/006650 within the time frame stipulated by this Court.

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For Petitioner : Mr.A.B.Jeeva For Respondents : Mr.B.Saravanan, Additional Government Pleader.

ORDER

This writ petition is filed for a mandamus to direct the third respondent to resurvey the land in Survey No.98/18 situated at Kidaripatti Village, Madurai District and consequently to direct the respondents to rectify the mistake made in FMB Sketch error in Survey No.98/18A and patta No.5801 on the basis of the petitioner's representation dated 05.08.2024 vide acknowledgment No. 2024/0123/24/006650 within a time frame.

2.The case of the petitioner is that the above said land was belonging to the petitioner's husband. After demise of the petitioner's husband, she filed a petition before the second respondent to conduct survey. However, the second respondent has not conducted the survey properly and uploaded a wrong diagram. The name of the petitioner was also wrongly mentioned. Therefore, the petitioner made a representation dated 05.08.2024 for conducting resurvey. Since the representation did not evoke any response, the petitioner has approached this Court. 2/4

3.Heard the learned counsel on either side.

4.Considering the request of the petitioner and also the fact that the petitioner has made his representation 05.08.2024, a mandamus is issued to the respondents to conduct resurvey and subdivide the petition mentioned property. The petitioner shall submit all the relevant records to show their title to the property and the respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

5.With the above directions, this Writ Petition is allowed. No costs. 11.09.2024 Index:Yes/No Internet:Yes/No gns 3/4

P.T.ASHA,J.

gns To 1.The District Collector, Melur Taluk, Madurai District.

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

3.The Tahsildar, Melur Taluk, Madurai District.

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