M.A.S.E.Nasar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA M.A.S.E.Nasar ... Petitioner Vs.

1.The District Collector, Office of the Collectorate, Sivagangai.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Taluk Office, Ilayangudi, Sivagangai District.

4.A.Ayeesha Mariyam

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to dispose the Appeal vide his proceedings in O.Mu.Aa3/1558/2024 for rectifying the field Map in New Survey No.378/4A1, 378/4A2 in Poochiyenthal Village, Sothugudi Group, Ilayangudi Taluk, Sivagangai District on the basis of the title deeds and 1/5

Possession of the Property in a time bound manner. For Petitioner : Mr.D.Senthil For R1 - R3 : Mr.M.Muhtumanikkam Government Advocate

O R D E R

This writ petition has been filed for a direction to the 2nd respondent to dispose the Appeal vide his proceedings in O.Mu.Aa3/1558/2024 for rectifying the field Map in New Survey No.378/4A1, 378/4A2 in Poochiyenthal Village, Sothugudi Group, Ilayangudi Taluk, Sivagangai District on the basis of the title deeds and Possession of the Property.

2. The petitioner purchased the property to an extent of 23 cents in Survey No.278/4 New Survey No.378/4A1 in Poochiyenthal Village, Sothugudi Group, Ilayangudi Taluk, Sivagangai District and was in possession and enjoyment of the same. The 4th respondent who is the adjacent land owner was issued with a patta in patta no.378/4A2. The 4th respondent tactfully managed to get the field map including the petitioner's property vide proceedings of the 3rd respondent, dated 30.01.2023. According to the petitioner, before conducting subdivision in the field map, the respondents neither conducted any enquiry nor 2/5

visited the spot. The petitioner therefore filed an appeal before the 2nd respondent to rectify the mistake in the field map but the same was not considered by the 2nd respondent. The petitioner was hence constrained to file the writ petition for the aforesaid relief.

3. The learned Government Advocate submits that the appeal was kept pending by the revenue officials because of certain other duties. The learned Government Advocate sought sufficient time to dispose of the appeal.

4. In view of the said submission, a direction is issued to the 2nd respondent to dispose the appeal of the petitioner, dated 08.03.2024, on merits and in accordance with law within a period of eight (8) weeks from the date of receipt of copy of this order

5. Accordingly, the writ petition stands disposed of. No costs. 12.11.2024 NCC:yes/no Index:yes/no Internet:yes/no gbg 3/5

To:

1.The District Collector, Office of the Collectorate, Sivagangai.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Taluk Office, Ilayangudi, Sivagangai District.

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N.MALA, J.

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