Murugan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.19586 of 2021 Murugan ... Petitioner -vs1.The District Collector, Office of the Collectorate Building, Tirunelveli District 2.The District Revenue Officer, Office of the Collectorate Building, Tirunelveli District.

3.The Revenue Development Officer, Office of the Revenue Development Officer, Cheranmahadevi, Tirunelveli District.

4.Tahsildar, Office of the Tahsildar, Thisaiyanvilai, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to issue Patta to the petitioner's property comprised in Resurvey No.450/2B to an extent of 9.74 1/5

cents (Plot Nos.8 and 9) and Resurvey No.450/2B to an extent of 5.40 cents (Plot No.10), situated at Karaisuthupudur Village, Radhapuram Taluk. Tirunelveli District and make correction in the Field Measurement Book (FMB), by considering the petitioner's representations dated 04.08.2021 and 13.09.2021.

For Petitioner :

Mr.D.S.Haroon Rasheed For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents and in particular, the fourth respondent to consider the representations made by the petitioner, wherein the petitioner has sought for correction in the Field Measurement Book and for issuance of Patta for the correct extent in the subject properties.

2. The petitioner is claiming right over the subject properties in Plot Nos.8 and 9 in Resurvey No.450/2B, measuring an extent of 9.74 cents, through registered sale deeds, dated 15.05.2015 and 03.08.2015. According to the petitioner, the Surveyor had surveyed the lands and had made some corrections in the Field Measurement Book and as a result, the measurement 2/5

of Survey No.450/7A was inserted in Survey No.450/2B and the measurement in Survey No.450/2B was inserted in Survey No.450/2A. Hence, the petitioner approached the respondents for carrying out corrections in the Field Measurement Book and for grant of Patta to him. Since the same was not considered, the present Writ Petition has been filed before this Court.

3. Heard the learned counsel appearing on behalf of the petitioner and the learned Additional Government Pleader appearing on behalf of the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for by the petitioner, there shall be a direction to the third respondent to deal with the representations made by the petitioner on 04.08.2021 and 13.09.2021 and take a decision on its own merits and in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. Based on the decision taken by the third respondent, the fourth respondent shall pass orders on the request made by the petitioner for issuance of Patta within a period of six weeks thereafter.

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5. This Writ Petition is disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 16.11.2023 Index : Yes/No smn2 To 1.The District Collector, Office of the Collectorate Building, Tirunelveli District 2.The District Revenue Officer, Office of the Collectorate Building, Tirunelveli District.

3.The Revenue Development Officer, Office of the Revenue Development Officer, Cheranmahadevi, Tirunelveli District.

4.The Tahsildar, Office of the Tahsildar, Thisaiyanvilai, Tirunelveli District.

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N.ANAND VENKATESH, J.

smn2 and W.M.P.(MD)No.19586 of 2021 16.11.2023 5/5