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Madras High CourtWP(MD)/25870/2022disposed of

Merlin Pramila.S v. The Revenue Divisional Officer

2022-11-16Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2022

CORAM

THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.25870 of 2022 S.Merlin Pramila .. Petitioner

Versus

1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Trichy.

2.The Tahsildar, Trichy West Taluk Office, Trichy.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to carry out necessary corrections in respect of the petitioner's property, comprised in New Town Survey No.42, which is situated at Town Survey Block No.5, Town Survey Ward-I, measuring a total extent of 2469 Square Feet, situated at Pandimangalam Village, Ko Abishekapuram Division, Trichy West Taluk, Trichy District, as per the sale deed executed in favour of the petitioner, vide Document No.1846/2003, which is registered in the office of the SubRegistrar, Woraiyur, Trichy District, by considering the petitioner's representation dated 27.09.2022, within a time frame. For Petitioner :

Mr.B.Jameel Arasu For Respondents :

Mr.C.Satheesh Government Advocate 1/5

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents herein to carry out necessary corrections in respect of her property, comprised in New Town Survey No.42, which is situated at Town Survey Block No.5, Town Survey Ward-I, measuring a total extent of 2469 sq.ft., situated at Pandimangalam Village, Ko Abishekapuram Division, Trichy West Taluk, Trichy District, as per the sale deed executed in her favour, vide Document No.1846/2003, on the file of the Sub-Registrar, Woraiyur, Trichy District, by considering her representation dated 27.09.2022, within a time frame.

2. Heard Mr.B.Jameel Arasu, learned counsel appearing for the petitioner and Mr.C.Satheesh, learned Government Advocate, who takes notice for the respondents. By consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the learned counsel for the petitioner, the petitioner had purchased the property in question on 14.05.2003 from one Rajamanickam, vide registered sale deed, bearing Document No.1846 of 2003, on the file of the Sub-Registrar, Woariyur, Trichy District. After the said purchase, the petitioner has constructed a residential building in the said property and she 2/5

has been regularly paying taxes to the authorities concerned. The learned counsel appearing for the petitioner submitted that in the sale deed executed in her favour by her vendor, the length of the eastern side of the property is shown as 39 feet and the western side is shown as 40 feet. However, in the FMB, the same was recorded as 35 feet only instead of 39 feet and the same has also been reflected in the TSLR Register. Therefore, the petitioner sent a detailed representation to the respondents herein on 27.09.2022, requesting them to carry out necessary corrections, by projecting the actual extent as shown in her sale deed. However, no action has been taken on the petitioner's representation. Hence, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.

4. The learned counsel appearing for the petitioner further submitted that it would suffice, if the representation of the petitioner, dated 27.09.2022, is directed to be considered by the respondents, on merits, within a time frame to be stipulated by this Court.

5. The learned Government Advocate appearing for the respondents has no serious objection for granting such relief to the petitioner. 3/5

6. Considering the facts and circumstances of the case and having regard to the submissions now made by the learned counsel on either side, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 27.09.2022, and pass appropriate orders on merits and in accordance with law, within a period of 16 weeks from the date of receipt of a copy of this order.

7. This Writ Petition stands disposed of with the above direction. No costs.

Index : Yes/No 16.11.2022 smn2 To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Trichy.

2.The Tahsildar, Trichy West Taluk Office, Trichy.

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V.BHAVANI SUBBAROYAN, J.

smn2 Order made in 16.11.2022 5/5